Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Company Terms of Service / Copyright Information
Mongo's Flavors Terms of Use
Welcome to mongosflavors.com.
These Terms of Use (this "Agreement") state the terms and conditions under which you may access, browse or otherwise use mongosflavors.com, and govern your use of the Website. By accessing, browsing or using the Website in any manner, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Website, using information provided by the Website, or purchasing from the Website. If you wish to access or browse the Website, use information provided by the Website, or purchase from the Website, please read this Agreement carefully. If you object to anything in this Agreement or the Order Policies, you should leave and discontinue use of the Website immediately.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT
a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By accessing the Website, requesting information from the Website, purchasing from the Website or creating a profile and becoming a registered user of the Website, you consent to have this Agreement provided to you in electronic form. This Agreement includes our Privacy Policy and any notices regarding the Website. By accessing the Website, requesting information from the Website, or purchasing from the Website you accept this Agreement and agree to the terms, conditions and notices contained or referenced in this Agreement.
b. Modification. This Agreement may be modified by us at its sole discretion from time to time, such modifications to be effective upon posting on the Website by us, and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated December 13, 2013.
c. Access and Retention. A link to this Agreement will be found on the Website homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web and the Website, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web and the Website, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. PRIVACY POLICY. Please refer to our Privacy Policy which is incorporated into this Agreement.
3. ELIGIBILITY. You must be at least eighteen (18) years of age to request information from the Website, or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
4. WEBSITE CONTENTS AND FUNCTION. The content of the Website is intended for information purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies or omissions that may relate to any other content within the Website. Mongos Flavors reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have initially submitted your request for information to the Website). Further, some information provided at the Website have been researched and collected by us from third-party sources. Any information in response to the Website’s prompts that are used by the Website to provide responses is provided by you, the user. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice or other content available through the Website or obtained from a linked site. Additionally, as stated above, you are required to obtain access to the World Wide Web to access the Website, including any fees, software and equipment to obtain and maintain such World Wide Web access, and Mongo's Flavors is not responsible for any problems or failures related to such World Wide Web access, fees, software or equipment, including, but not limited to, user error in operating such access, fees, software or equipment. Mongos Flavors assumes no liability or responsibility for any errors or omissions.
5. ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to us, you are communicating electronically. You thereby consent to receive communications from us electronically. Mongos Flavors will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with us on the Website, you consent to receiving newsletters, emails, promotions and other advertisements from Mongo's Flavors.
You may opt-out of receiving promotional email from us by doing one of the following:
6. INTELLECTUAL PROPERTY. Mongos Flavors owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Mongo's Flavors.
Mongo's Badass Flavors and other Website graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of Mongos Flavors in the U.S. and/or other countries. Mongo's trademarks and trade dress may not be used in connection with any product or service that is not Mongo's Flavors, in any manner that is likely to cause confusion among customers or clients or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.
7. LICENSE/SITE ACCESS/PROHIBITED USE. MF grants you a limited license to access and make personal use of the Website. Mongos Flavors does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Mongo's Flavors. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any content, including, but not limited to, any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other authorized commercial users of the Website who have consented to this Agreement by use of the Website or otherwise. You may not: (a) modify or create any derivative work based on the content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the content; (c) transfer the content to another person; or (d) reproduce the content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the content or software. Mongo's Flavors reserves all rights not expressly granted in this Agreement.
8. Conduct on THE Website. Your use of the Website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through the Website, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data or other information - that:
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates our rules or policies;
b. Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Impersonates any person or entity, including any of our employees or representatives.
Mongos Flavors neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third-party users of the Website. Mongos Flavors generally does not prescreen, monitor or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through the Website. However, we have the right in their sole discretion to remove any content that, in their judgment, does not comply with these Terms of Use and any other rules of user conduct for the Website, or is otherwise harmful, objectionable or inaccurate. Mongos Flavors is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Mongos Flavors arising out of such removal of content.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You will not interfere with anyone else’s use and enjoyment of the Website or other similar Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and in its sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that Mongo's Flavors will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
9. METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Mongos Flavors expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Mongo's Flavors trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of us is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Mongo's Flavors.
10. LINKS TO THIRD PARTY SITES. Mongo's Flavors or third parties may provide links to other World Wide Web sites or resources. Because Mongo's Flavors has no control over such sites and resources, you acknowledge and agree that Mongo's Flavors is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mongo's Flavors will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Mongos Flavors does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Mongo's Flavors is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
11. User’s Materials. Subject to Mongo's Flavors Privacy Policy, any communication or material that you transmit to the Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Mongos Flavors and our designated licensees a non-exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to the Website or Mongo's Flavors has mutually agreed in writing otherwise.
12. WARRANTY LIMITATION. you hereby acknowledg eand agree that Mongos Flavors (including the officers, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, employees, agents, REPRESENTATIVES and independent contractors of Mongos Flavors)has not made any other warranties, express or implied, concerning the Website or the PRODUCTS OR SERVICES OFFERED through the Website. THE WEBSITE ANDALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY MONGOS FLAVORS ON AN "AS IS"AND "AS AVAILABLE" BASIS. MONGO'S FLAVORS DISCLAIMS,AND YOU HEREBY WAIVE,ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,ALL IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MONGOS FLAVORS MAKES NO WARRANTY THAT (A) THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR (D) THE QUALITY OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. The fact that Mongo's Flavors is including or offering any product or service on the Website is not an endorsement or a recommendation of the product or service.
13. DISCLAIMER OF LIABILITY. IN NO EVENT WILL MONGOS FLAVORS OR ANY OF ITS Officers, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, employees, agents, REPRESENTATIVES OR independent contractors, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALSAND FUNCTIONS OF THE WEBSITE OR THE CONTENT, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE SAMEARE FORESEEABLE OR IF MF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MONGO'S FLAVORS MAY MAKE CHANGES TO THE WEBSITE OR ITS SERVICES OR CONTENT, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED ON THE WEBSITE, AT ANY TIME WITHOUT NOTICE. THE WEBSITE OR ITS SERVICES OR CONTENT MAY BE OUT OF DATE, AND MF MAKES NO COMMITMENT TO UPDATE THE WEBSITE OR ITS SERVICES OR CONTENT.
Additionally, as stated above, you ACKNOWLEDGE THAT YOU are required to obtain access to the World Wide Web to access the Website, including any fees, software and equipment to obtain and maintain such World Wide Web access, and Mongo's Flavors is not responsible for any problems or failures related to such World Wide Web access, fees, software or equipment, including, but not limited to, user error in operating such access, fees, software or equipment. MF assumes no liability or responsibility for any errors or omissions.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUMEFULLRESPONSIBILITY FORALLCOSTS ASSOCIATED WITHALLNECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE ORDATAYOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITEANDTHAT MF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
14. INDEMNIFICATION. You agree to identify and hold Mongo's Flavors AND its THE officers, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, employees, agents, REPRESENTATIVES and independent contractors, harmless from any loss, liability, DAMAGES, claim, ACTIONS or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the WEBSITE in violation of this Agreement and/or arising from ANY USE OF THE WEBSITE.
15. FORCE MAJEURE. Mongos Flavors will not be liable for failing to perform its obligations under this Agreement because of circumstances reasonably beyond its control. Such circumstances will include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Mongo's Flavors, breach of this Agreement by users, and any other events reasonably beyond the control of Mongo's Flavors.
16. Use of Website and Storage of Material. You acknowledge that Mongos Flavors may establish general practices and limits concerning use of the Website, including without limitation the maximum amount of uploaded content will be retained on the Website, the maximum disk space that will be allotted on Mongo's Flavors servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that Mongos Flavors has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Website. You acknowledge that Mongos Flavors reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mongos Flavors may provide storage space and access for material through the Website. For purposes of these Terms of Use, “material” refers to all forms of communication that Mongos Flavors may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings and audio recordings. You may not use the Website to publish material that Mongos Flavors determines, it its sole discretion, to be unlawful, indecent or objectionable, or which violates the restrictions described in “Conduct on Website” above.
Excessive use or abuse of shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space and session time, is prohibited and may result in termination of your account or limitation of your activities.
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. You should not rely on the Website as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold Mongos Flavors liable for any damage to, any deletion of, or any failure to store your files or any data.
17. International Use. Although the Website may be accessible worldwide, Mongos Flavors makes no representation that content on the Website are appropriate or available for use in locations outside the United States, and accessing such content from territories where such content is illegal is prohibited. Those who choose to access the Website from other locations do so, on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with the Website is void where prohibited.
18. Termination of Use. You agree that Mongos Flavors may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Mongos Flavors may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Mongos Flavors will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. These Terms of Use will survive any termination.
19. Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the products or service, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered by this Agreement or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute will be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Denton County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Denton, State of Texas will have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding will be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
20. Entire Agreement. This Agreement contains the entire agreement between you and Mongos Flavors regarding the use of the Website. The Privacy Policy Statement (as modified by Mongo's Flavors from time to time) is incorporated in this Agreement by reference and made a part of this Agreement.
21. PREVAILING PARTY. In any action to enforce these Terms of Use, Mongos Flavors will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from you of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which Mongos Flavors is entitled. Any cause of action brought by you against Mongos Flavors or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
22. ASSIGNMENT. You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so will be null and void. Mongo's Flavors may freely assign its rights and obligations under these Terms of Use.
23. SEVERABILITY. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
24. WAIVER. Any failure by Mongo's Flavors to enforce or exercise any provision of these Terms of Use or related rights will not constitute a waiver of that right or provision.
25. Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph or provision.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALLOF THE PROVISIONS CONTAINED ABOVE.
©2014 Mongo's Flavors All rights reserved.
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Company Terms of Service / Copyright Information
Mongo's Flavors Terms of Use
Welcome to mongosflavors.com.
These Terms of Use (this "Agreement") state the terms and conditions under which you may access, browse or otherwise use mongosflavors.com, and govern your use of the Website. By accessing, browsing or using the Website in any manner, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Website, using information provided by the Website, or purchasing from the Website. If you wish to access or browse the Website, use information provided by the Website, or purchase from the Website, please read this Agreement carefully. If you object to anything in this Agreement or the Order Policies, you should leave and discontinue use of the Website immediately.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT
a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By accessing the Website, requesting information from the Website, purchasing from the Website or creating a profile and becoming a registered user of the Website, you consent to have this Agreement provided to you in electronic form. This Agreement includes our Privacy Policy and any notices regarding the Website. By accessing the Website, requesting information from the Website, or purchasing from the Website you accept this Agreement and agree to the terms, conditions and notices contained or referenced in this Agreement.
b. Modification. This Agreement may be modified by us at its sole discretion from time to time, such modifications to be effective upon posting on the Website by us, and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement regularly. This Agreement was last updated December 13, 2013.
c. Access and Retention. A link to this Agreement will be found on the Website homepage. In order to access and retain this electronic Agreement, you must have access to the World Wide Web and the Website, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web and the Website, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. PRIVACY POLICY. Please refer to our Privacy Policy which is incorporated into this Agreement.
3. ELIGIBILITY. You must be at least eighteen (18) years of age to request information from the Website, or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.
4. WEBSITE CONTENTS AND FUNCTION. The content of the Website is intended for information purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies or omissions that may relate to any other content within the Website. Mongos Flavors reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have initially submitted your request for information to the Website). Further, some information provided at the Website have been researched and collected by us from third-party sources. Any information in response to the Website’s prompts that are used by the Website to provide responses is provided by you, the user. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice or other content available through the Website or obtained from a linked site. Additionally, as stated above, you are required to obtain access to the World Wide Web to access the Website, including any fees, software and equipment to obtain and maintain such World Wide Web access, and Mongo's Flavors is not responsible for any problems or failures related to such World Wide Web access, fees, software or equipment, including, but not limited to, user error in operating such access, fees, software or equipment. Mongos Flavors assumes no liability or responsibility for any errors or omissions.
5. ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to us, you are communicating electronically. You thereby consent to receive communications from us electronically. Mongos Flavors will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with us on the Website, you consent to receiving newsletters, emails, promotions and other advertisements from Mongo's Flavors.
You may opt-out of receiving promotional email from us by doing one of the following:
- If you originally signed up for our email newsletter, please email [email protected].
- If you have received an email from us, you can follow the opt-out or 'unsubscribe' instructions provided in your e-mail.
6. INTELLECTUAL PROPERTY. Mongos Flavors owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Mongo's Flavors.
Mongo's Badass Flavors and other Website graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of Mongos Flavors in the U.S. and/or other countries. Mongo's trademarks and trade dress may not be used in connection with any product or service that is not Mongo's Flavors, in any manner that is likely to cause confusion among customers or clients or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by us.
7. LICENSE/SITE ACCESS/PROHIBITED USE. MF grants you a limited license to access and make personal use of the Website. Mongos Flavors does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Mongo's Flavors. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any content, including, but not limited to, any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other authorized commercial users of the Website who have consented to this Agreement by use of the Website or otherwise. You may not: (a) modify or create any derivative work based on the content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the content; (c) transfer the content to another person; or (d) reproduce the content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the content or software. Mongo's Flavors reserves all rights not expressly granted in this Agreement.
8. Conduct on THE Website. Your use of the Website is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library or other interactive service that may be available to you on or through the Website, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data or other information - that:
a. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates our rules or policies;
b. Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
e. Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. Impersonates any person or entity, including any of our employees or representatives.
Mongos Flavors neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third-party users of the Website. Mongos Flavors generally does not prescreen, monitor or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through the Website. However, we have the right in their sole discretion to remove any content that, in their judgment, does not comply with these Terms of Use and any other rules of user conduct for the Website, or is otherwise harmful, objectionable or inaccurate. Mongos Flavors is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Mongos Flavors arising out of such removal of content.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You will not interfere with anyone else’s use and enjoyment of the Website or other similar Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and in its sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that Mongo's Flavors will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
9. METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Mongos Flavors expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Mongo's Flavors trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of us is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or required in writing by Mongo's Flavors.
10. LINKS TO THIRD PARTY SITES. Mongo's Flavors or third parties may provide links to other World Wide Web sites or resources. Because Mongo's Flavors has no control over such sites and resources, you acknowledge and agree that Mongo's Flavors is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Mongo's Flavors will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Mongos Flavors does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Mongo's Flavors is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
11. User’s Materials. Subject to Mongo's Flavors Privacy Policy, any communication or material that you transmit to the Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Mongos Flavors and our designated licensees a non-exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to the Website or Mongo's Flavors has mutually agreed in writing otherwise.
12. WARRANTY LIMITATION. you hereby acknowledg eand agree that Mongos Flavors (including the officers, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, employees, agents, REPRESENTATIVES and independent contractors of Mongos Flavors)has not made any other warranties, express or implied, concerning the Website or the PRODUCTS OR SERVICES OFFERED through the Website. THE WEBSITE ANDALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY MONGOS FLAVORS ON AN "AS IS"AND "AS AVAILABLE" BASIS. MONGO'S FLAVORS DISCLAIMS,AND YOU HEREBY WAIVE,ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,ALL IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MONGOS FLAVORS MAKES NO WARRANTY THAT (A) THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE OR (D) THE QUALITY OF THE WEBSITE OR ITS SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. The fact that Mongo's Flavors is including or offering any product or service on the Website is not an endorsement or a recommendation of the product or service.
13. DISCLAIMER OF LIABILITY. IN NO EVENT WILL MONGOS FLAVORS OR ANY OF ITS Officers, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, employees, agents, REPRESENTATIVES OR independent contractors, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALSAND FUNCTIONS OF THE WEBSITE OR THE CONTENT, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE SAMEARE FORESEEABLE OR IF MF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MONGO'S FLAVORS MAY MAKE CHANGES TO THE WEBSITE OR ITS SERVICES OR CONTENT, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED ON THE WEBSITE, AT ANY TIME WITHOUT NOTICE. THE WEBSITE OR ITS SERVICES OR CONTENT MAY BE OUT OF DATE, AND MF MAKES NO COMMITMENT TO UPDATE THE WEBSITE OR ITS SERVICES OR CONTENT.
Additionally, as stated above, you ACKNOWLEDGE THAT YOU are required to obtain access to the World Wide Web to access the Website, including any fees, software and equipment to obtain and maintain such World Wide Web access, and Mongo's Flavors is not responsible for any problems or failures related to such World Wide Web access, fees, software or equipment, including, but not limited to, user error in operating such access, fees, software or equipment. MF assumes no liability or responsibility for any errors or omissions.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUMEFULLRESPONSIBILITY FORALLCOSTS ASSOCIATED WITHALLNECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE ORDATAYOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITEANDTHAT MF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
14. INDEMNIFICATION. You agree to identify and hold Mongo's Flavors AND its THE officers, PARTNERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, SPONSORS, ADVERTISERS, LICENSORS, employees, agents, REPRESENTATIVES and independent contractors, harmless from any loss, liability, DAMAGES, claim, ACTIONS or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the WEBSITE in violation of this Agreement and/or arising from ANY USE OF THE WEBSITE.
15. FORCE MAJEURE. Mongos Flavors will not be liable for failing to perform its obligations under this Agreement because of circumstances reasonably beyond its control. Such circumstances will include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Mongo's Flavors, breach of this Agreement by users, and any other events reasonably beyond the control of Mongo's Flavors.
16. Use of Website and Storage of Material. You acknowledge that Mongos Flavors may establish general practices and limits concerning use of the Website, including without limitation the maximum amount of uploaded content will be retained on the Website, the maximum disk space that will be allotted on Mongo's Flavors servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that Mongos Flavors has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Website. You acknowledge that Mongos Flavors reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mongos Flavors may provide storage space and access for material through the Website. For purposes of these Terms of Use, “material” refers to all forms of communication that Mongos Flavors may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings and audio recordings. You may not use the Website to publish material that Mongos Flavors determines, it its sole discretion, to be unlawful, indecent or objectionable, or which violates the restrictions described in “Conduct on Website” above.
Excessive use or abuse of shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space and session time, is prohibited and may result in termination of your account or limitation of your activities.
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. You should not rely on the Website as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold Mongos Flavors liable for any damage to, any deletion of, or any failure to store your files or any data.
17. International Use. Although the Website may be accessible worldwide, Mongos Flavors makes no representation that content on the Website are appropriate or available for use in locations outside the United States, and accessing such content from territories where such content is illegal is prohibited. Those who choose to access the Website from other locations do so, on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with the Website is void where prohibited.
18. Termination of Use. You agree that Mongos Flavors may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that Mongos Flavors may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Mongos Flavors will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. These Terms of Use will survive any termination.
19. Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the products or service, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered by this Agreement or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute will be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Denton County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Denton, State of Texas will have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding will be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
20. Entire Agreement. This Agreement contains the entire agreement between you and Mongos Flavors regarding the use of the Website. The Privacy Policy Statement (as modified by Mongo's Flavors from time to time) is incorporated in this Agreement by reference and made a part of this Agreement.
21. PREVAILING PARTY. In any action to enforce these Terms of Use, Mongos Flavors will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from you of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which Mongos Flavors is entitled. Any cause of action brought by you against Mongos Flavors or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
22. ASSIGNMENT. You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so will be null and void. Mongo's Flavors may freely assign its rights and obligations under these Terms of Use.
23. SEVERABILITY. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
24. WAIVER. Any failure by Mongo's Flavors to enforce or exercise any provision of these Terms of Use or related rights will not constitute a waiver of that right or provision.
25. Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph or provision.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALLOF THE PROVISIONS CONTAINED ABOVE.
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