TERMS OF USE

READ CAREFULLY. This Terms of Use Agreement (“Terms of Use” or “Agreement”) applies to You (“You”) and Your (“Your”) use of www.MamboSprouts.com (“Site”).  The Site is the property of Mambo Sprouts Marketing LLC, a New Jersey Limited Liability Company (“Mambo” or “We”) together with its parents, subsidiaries, affiliates, and designees.  Mambo is a full service marketing company with consumer based programs.  Mambo provides educational information, ads, and coupons for the health, natural, and organic industry.

Mambo reserves the right, at its sole discretion, to change, add, or remove portions of the Terms of Use at any time and without notice.  It is Your responsibility to review the Terms of Use each time before using the Site.  Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes.  You agree by that participating in any promotion, submitting any information and/or downloading any coupon You will be subject to the Terms of Use.  As long as You comply with the Terms of Use and any such modifications, Mambo grants You a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.

Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in the Privacy Policy, You must disclose certain personally identifiable information to use the Site and Register a MamboTrack Account.  As a condition of using the Site or Registering a MamboTrack Account, You represent that You have first read this Terms of Use as well as the Privacy Policy and consent to the collection, use, and disclosure of Your personally identifiable information and non-personally identifiable information as described in the Privacy Policy.  The Privacy Policy may change from time to time.  As a condition of browsing the Site or using any features, You agree that You will first review the Privacy Policy prior to Registering a MamboTrack Account, using the site, or any of its promotions.  While Mambo takes reasonable steps to safeguard and to prevent unauthorized access to Your information, Mambo cannot be responsible for the acts of those who gain unauthorized access to the Site or Your information and Mambo makes no warranty, express, implied, or otherwise that Mambo will prevent unauthorized access to Your information.  IN NO EVENT SHALL MAMBO NOR ITS SUBSIDIARIES, CLIENTS, ASSOCIATES, AFFILIATES, OR DESIGNEES NOR THEIR EMPLOYEES, DIRECTORS, PRINCIPALS, OFFICERS, CLIENTS, ASSOCIATES, AFFILIATES, LICENSEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) NOR THEIR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER MAMBO WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

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.

Indemnification. You agree to defend, indemnify and hold harmless Mambo and its affiliates and their successors, and assigns, and other Users from any claim or demand, suits, damages, costs and expenses including without limitation reasonable attorneys’ fees, made by any third party arising out of or related to Your use of the Site, Your breach or alleged breach of any of the Terms of Use, Your dispute with another User, the unauthorized access to Your MamboTrack Account, or Your violation of any law, regulation, or third-party right.

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.

The use or misuse of these trademarks or any other content on this Site, except as provided in these Terms of Use or in the Site content, is strictly prohibited.  You may print copies of the information on this Site for your personal use, store the files on your computer for personal use, or reference this server from your own documents.  However, you may not distribute text or graphics to others without our express written consent.  Also, you may not, without our permission, copy and distribute this information on any other server or modify or re-use text or graphics on this system or another system.  We reserve all other rights to the content, address and name of the site.

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.

Mambo respects the intellectual property of others and we ask our users to do the same.  Mambo has no responsibility for content on other Sites that you may find or access when using the Site.  Material available on or through other Sites may be protected by copyright and the intellectual property laws of the United States and/or other countries.  The terms of use of those Sites, and not this Site’s Terms of Use, govern your use of that material.

It is Mambos’ policy, in appropriate circumstances and at its sole discretion, to disable and/or terminate without prior notice the accounts of users who breach any of the provisions of this Terms of Use and/or may infringe or repeatedly infringe the copyrights or other intellectual property rights of Mambo and/or others.

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 mcampbell@mambosprouts.com.  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.

You and Mambo agree that all issues of enforceability of the provisions of this Terms of Use including the agreement to Arbitrate – including issues relating to scope, validity, and unconscionability – will be decided by the arbitrator.  If for any reason this Arbitration Provision is deemed inapplicable or invalid, You and Mambo both waive, to the fullest extent allowed by law, the right to a jury trial and any claims relating to a Dispute to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. 

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.

No delay or failure to take action under this Terms of Use shall constitute any waiver by Mambo of any provision of the Terms of Use. Any waiver of any of it’s rights under this Terms of Use or otherwise must be in an written instrument signed by Mambo.  If any provision of the Terms of Use is found to be invalid or unenforceable under applicable law, it shall be severed from the Terms of Use, and the remaining provisions of the Terms of Use shall continue in full force and effect.  The Terms of Use will bind and inure to the benefit of Mambo successors and assigns.  Any Dispute under the Terms of Use shall be brought within one (1) year after the date of which the cause of action arises.

Costs of Arbitration. Payment of all arbitrator fee’s, expenses, and administrative fees (which include filing and hearing fees) shall be paid for by the Party electing to Arbitrate.  Where not in conflict with any of Mambo’s Terms of Use, the Arbitration procedure will be governed by the American Arbitration Association.

In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.

Assignment, Delegation, Transferability. The Terms of Use is personal to You and may not be transferred, assigned, or delegated to anyone.  Any attempt by You to assign, transfer, or delegate the Terms of Use shall be null and void.  Mambo may freely assign the Terms of Use without consent or notice.

Notice. Except as expressly stated otherwise, all notices shall be given to Mambo or its Affiliates or their successors or assigns at MCampbell@MamboSprouts.com or to You at the email address You provide to Mambo.  Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.  The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive Agreement between Mambo and You, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.  All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations of liability, shall survive the termination of the Terms of Use.

Disagreement. You are not in agreement with all of the provisions of this Terms of Use or do not wish to be legally bound and obligated by all the provisions of this Terms of Use, the You should immediately cease visiting and using the Site.

 

PRIVACY POLICY

 

We take Your privacy seriously, and we want You to know how we collect, use, share and protect Your information.

This Privacy Policy tells You:

•           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.

We collect:

•           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 CollectionMambo 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 COLLECTWe 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 PRIVACYWe 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).

LINKS TO OTHER WEBSITESOur websites link to other websites, many of which have their own privacy policies.  Be sure to review the privacy policy on the website You are visiting.

THIRD PARTY APPLICATIONS. Mambo at times uses third party applications to process areas of the Site, including but not limited to, VOCUSemail service provider, QPLES coupon delivery service and social media outlets such as; Facebook, Twitter, Pinterest, Google+, and/or Instagram.  Please refer to any and all third party application’s Terms of Use and Privacy Policy prior to using their applications.

PRIVACY POLICY UPDATES.  We may need to update our Privacy Policy as Mambo changes.  If We make material changes, including any change in ownership or uses of Your personal information, We may notify You by the email you have provided, or by means of a notice on this Site, prior to the change becoming effective, as well as inform You of any choices You may have with respect to these changes