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Effective Date: 8.7.23
By using our Services, you agree to be bound by these Terms, and represent and warrant that you are at least 18 or have reached the age of majority in your jurisdiction and have the power and authority to agree to these Terms. You also represent and warrant that all information you provide to us is accurate, current, and complete, and will use the Services only as set forth in these Terms. If you do not agree with the Terms, please do not use the Services.
Consent to Electronic Communications
You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Site, e-mail, text message, or another website. When you visit our Site, use the Services, or communicate with us electronically, you consent to receive communications from us electronically and to electronically sign documents. For additional information about our text message communications, please see our SMS Short Code Terms and Conditions [insert link to the SMS Short Code Terms and Conditions].
You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form. We will retain a copy of any agreement or document you sign electronically, including through our Services, and you are responsible for retaining a copy of any agreement or document you sign electronically.
You may withdraw your consent to receive communications electronically by sending us an e-mail at [email@example.com] or writing to us at [Mambo Management LP. 6101B Airline Dr. Houston TX 77076].
Proprietary Rights, License and Restrictions
The Services you have accessed and all of its contents as a whole and in part are protected by copyrights, trademarks, service marks, trade names, international treaties, and/or other proprietary rights and applicable laws, and are owned or controlled by the ARB, its affiliates and licensors. You agree to protect the proprietary rights of us and all others having rights in the Services. YOU HAVE NO OBLIGATION TO PROVIDE ARB WITH IDEAS, SUGGESTIONS, OR PROPOSALS RELATING TO THE SITE, PRODUCTS, SERVICES, BUSINESS OR TECHNOLOGY OF ARB (COLLECTIVELY, “FEEDBACK”). HOWEVER, IF YOU SUBMIT FEEDBACK TO ARB IN ANY WAY, THEN YOU HEREBY IRREVOCABLY ASSIGN TO ARB ALL RIGHT, TITLE, AND INTEREST IN, AND ARB IS FREE TO USE, WITHOUT ANY ATTRIBUTION OR COMPENSATION TO ANY PARTY, THE FEEDBACK, FOR ANY PURPOSE WHATSOEVER, ALTHOUGH ARB IS NOT REQUIRED TO USE ANY FEEDBACK.
Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Services for your own personal or legitimate business purposes. You acquire absolutely no rights or licenses in or to the Services or materials contained within the Services other than the limited right for you to access and use the Services in accordance with the Terms. Except for the limited license granted in these Terms, ARB and its licensors retain all right, title, interest and all proprietary rights in and to the Services, including without limitation copyrights, patents, trademarks, service marks and trade names. ARB may change, suspend, or discontinue any aspect of the Services at any time, without any liability or obligation to you. ARB, its suppliers and service providers reserve all rights not granted in these Terms.
You agree that, while using the Services, you are solely responsible for the content or information you publish, display or otherwise communicate in any manner, or transmit to other users of the Services. You will not post on the Services, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, tortious or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You agree that, while using the Services, you will not, and will not permit any third party to: (i) post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services; (ii) remove any proprietary notices, including copyright and trademark notices, or labels from the Services on any materials accessed through the Services; or (iii) reverse engineer, decompile, disassemble, modify or create works derivative of the Services or any materials trademark notices, or labels from the Services on any materials accessed through the Services. You are solely responsible for ensuring your use of the Services is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.
You may use and access the Services solely for your personal, non-commercial use. All use of the Services must be in accordance with these Terms. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Services or any contents, information, data or materials provided through the Services in any manner not expressly permitted by these Terms. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Services; (ii) attempt to gain unauthorized access to any portion or feature of the Services, including without limitation, data or materials not intended for you, the account of any other authorized user or any other systems or networks connected to the Services or to any server used by ARB, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) violate or attempt to violate the security of the Services, including without limitation, probe, scan, or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services, or any network connected to the Services; (iv) attempt to interfere with the Services being provided to any user, host or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “mailbombing” or “crashing” the Services; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Services; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or systems or networks of ARB or networks connected to the Services; (vii) use any device, software, or routine to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services; (viii) use the Services to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Services; (x) create an intact reproduction of a page or pages of Services into another service; or (xi) use the Services in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ARB.
Use of Trademarks and Other Marks or Rights
You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our partners’, affiliated entities’, licensors’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to Authentic Restaurant Brands, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any partners, affiliates, or their licensors; or (ii) except as otherwise provided herein, are used with our partners’, affiliates’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.
These Terms will take effect the moment you access or use the Services and will be in effect until terminated as set forth below. The right to access the Services will automatically terminate in the event you breach any of these terms. Termination will be effective without notice. You may terminate these Terms at any time by ceasing to use the Services. All applicable provisions of these Terms as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Services in your possession. The following will survive termination of these Terms for any reason: ARB’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
Disclaimer of Warranties and Limitations of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND LINKS CONTAINED IN THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY OF INFORMATION, ACCURACY OR COMPLETENESS OF DATA, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. ARB DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, THIRD PARTY MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH LINKS ON THE SERVICES. ARB DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT ARB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
We do not warrant that the Services are compatible with your equipment or that the Services, or e-mail sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that we and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Services caused by your computer equipment or arising from your use of the Services on such equipment.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PARTNERS AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, THE SERVICES’ CONTENT OR PRODUCTS, ANY THIRD PARTY MATERIALS OR PRODUCTS AVAILABLE OR SOLD ON OR THOUGH THE SERVICES, OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CASE, THE ENTIRE LIABILITY OF ARB AND AFFILIATES AND LICENSORS UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).
Third-Party Websites and Links
You may link to the Services provided that you do so in a way that indicates that the link is direct to the Services and is fair and not misleading. You may not integrate or make use of all or part of the Services in ways that would confuse or mislead visitors as to the nature and origin of the Services’ content.
You agree, at your own expense, to indemnify, defend, and hold harmless us and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, or any links on the Services, including but not limited to: (i) any breach or violation of the Terms by you; (ii) material, information, or content submitted or provided by you; (iii) your use of the Services; or (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Services by you. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
The Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York, New York with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of the Terms and hereby waive any objection to the propriety or convenience of venue in such courts. These Terms shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. These Terms constitute the entire understanding and agreement between ARB and you with respect to the Services and any transactions contemplated in these Terms, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged into these Terms. You may not modify, amend or alter in any way these Terms. In the event any provision of these Terms are found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according to its terms. Any failure by ARB to strictly enforce any provision of these Terms will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
Digital Millennium Copyright Act (“DMCA”) Notice
ARB is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Services in any manner that constitutes infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ARB to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to ARB by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, ARB encourages you to contact ARB immediately.
If you believe that any content appearing on the Services has been copied and posted using the Services in a way that constitutes copyright infringement, please provide a written communication containing the following information to the Copyright Agent named below:
The designated Copyright Agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: [Nuno Lima 6101B Airline Dr. Houston, TX 77076].
While the Services are controlled and operated within the United States, this publication may be distributed internationally and may contain references to ARB services, products, and programs that are not in your country. These references do not imply that ARB intends to announce or provide the programs, products, or services in your country. ARB makes no representation that content, materials or products available on or through the Services are appropriate or available for use outside of the United States. If you access or use the Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, local national ARB society rules and policies, and U.S. export laws and regulations.
Modifications to the Terms
Authentic Restaurant Brands reserves the right to change or modify the Terms at any time, and such modification shall be effective immediately upon posting to the Site. Your access to or use of the Services after the posting of modifications to the Terms will constitute your acceptance of the modifications.