Welcome to www.mamachosonline.com (the "Website"). The Website is comprised of an e-commerce shop (the “Online Ordering Application”) and various web pages operated by Cho Bro’s, Inc., (collectively, "CB", “we”, “our” or “us”). The Website and Online Ordering Application are provided to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS THEN YOU SHOULD NOT ACCESS THE WEBSITE OR PLACE AN ORDER THROUGH THE ONLINE ORDERING APPLICATION. YOUR ACCESS TO, AND/OR USE OF, THE WEBSITE AND ONLINE ORDERING APPLICATION CONSTITUTES YOUR CONTINUED ACCEPTANCE OF THESE TERMS WHETHER OR NOT YOU HAVE READ IT. PLEASE READ THESE TERMS CAREFULLY AND KEEP A COPY FOR YOUR REFERENCE.
Visiting the Website, placing an order through the Online Ordering Application, or sending emails to CB constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email, on the Website, or in the Online Ordering Application, satisfy any legal requirement that such communications be in writing.
If You use this Website or the Online Ordering Application, You are responsible for maintaining the confidentiality of Your account, password, and payment details and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that CB is not responsible for third party access to Your account that results from theft or misappropriation of Your account. CB and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Your privacy is important to us. The Website and Online Ordering Application’s Privacy Statement (see: [www.mamachosonline.com/pages/privacy-statement]) ("Privacy Statement") sets out the measures CB takes to protect Your confidential, personally identifiable, and otherwise protected information ("Your Information"). The Privacy Statement also outlines how: (i) You can control Your Information; and (ii) Your Information is used by CB. Although CB takes all commercially reasonable measures to protect Your Information, CB does not guarantee the security, privacy or confidentiality of Your Information.
Online Ordering Application
The Online Ordering Application is operated by CB pursuant to a license agreement between CB and its e-commerce platform services provider [see: List of Key Third Party Subcontractors] ("Licensor"). The applicable Terms of Service are located here: https://www.shopify.com/legal/terms(“E-Commerce Terms"). Use of the Online Ordering Application shall be deemed Your acceptance of the E-Commerce Terms. Unless otherwise prohibited by law, CB disclaims any warranty and/or representation of any kind, whether express or implied, as to any matter arising from, or relating to, Your use of the Online Ordering Application, including without limitation platform uptime, availability, and responses times. Pricing for orders placed through the Online Ordering Application may be different those ordered in-store or by telephone.
Online Orders, Payment, and Delivery
Orders received through the Website or Online Ordering Application will be treated as a binding offer from You to purchase the applicable products and services and will be processed in accordance with CB’s Payment and Order Policy (see: [www.mamachosonline.com/pages/payment-and-order-policy]) ("Payment and Order Policy"). By placing an order through the Website or Online Ordering Application, You thereby acknowledge and agree to CB’s Payment and Order Policy.
SHIPPING AND HANDLING CHARGES ARE NON-REFUNDABLE.
Links to Third Party Websites/Third Party Services
The Website and Online Ordering Application may contain links to other websites ("Linked Website(s)"). The Linked Websites are not under the control of CB and CB is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. CB is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by CB of the Website or any association with its operators.
Certain services made available via the Website and Online Ordering Application are delivered by key third party subcontractors (see: [www.mamachosonline.com/pages/privacy-statement]). By using any product, service or functionality originating from the Website or Online Ordering Application, You hereby acknowledge and consent that CB may share such information and data with any key third party subcontractor with whom CB has a contractual relationship to provide the requested product, service, or functionality on behalf of its Website and Online Ordering Application users.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Online Ordering Application strictly in accordance with these Terms. As a condition of Your use of the Website and Online Ordering Application, You warrant to CB that You will not use the Website or Online Ordering Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or Online Ordering Application in any manner which could damage, disable, overburden, or impair the Website or Online Ordering Application or interfere with any other party's use and enjoyment of the Website or Online Ordering Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or Online Ordering Application.
All content included as part of the Website and Online Ordering Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website or Online Ordering Application, is the property of CB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or Online Ordering Application. CB content is not for resale. Your use of the Website and Online Ordering Application does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of CB and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. CB does not grant You any licenses, express or implied, to the intellectual property of CB or our licensors except as expressly authorized by these Terms.
The Website and Online Ordering Application is controlled, operated and administered by CB from our offices within the USA. If You access the Website or Online Ordering Application from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the CB content accessed through the Website or Online Ordering Application in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Children Under Thirteen
CB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Website and Online Ordering Application only with permission of a parent or guardian.
You agree to indemnify, defend and hold harmless CB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Website, Online Ordering Application, or services, any user postings made by You, Your violation of these Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. CB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with CB in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator (“Arbitrator") and administered by the American Arbitration Association, in Oakland, California. The Arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Costs and Expenses Related to Collection
In the event CB takes any action against You to enforce its rights under these Terms and/or any ancillary policies, including, without limitation, turning Your account over to a collection agency or lawyer for collection, You agree that responsibility for all costs, fees, and expenses associated with the collection of such fees, including, without limitation, reasonable attorneys’ fees and court/arbitration costs, shall be borne by You.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and CB agree otherwise, the Arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND ONLINE ORDERING APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CB AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AND ONLINE ORDERING APPLICATION AT ANY TIME.
CB AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE AND ONLINE ORDERING APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CB AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE OR ONLINE ORDERING APPLICATION, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, ONLINE ORDERING APPLICATION, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, ONLINE ORDERING APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR ONLINE ORDERING APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CB OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ONLINE ORDERING APPLICATION, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND ONLINE ORDERING APPLICATION.
CB reserves the right, in its sole discretion, to terminate Your access to the Website, Online Ordering Application, and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in Alameda County, California in all disputes arising out of or relating to the use of the Website and Online Ordering Application. Use of the Website and Online Ordering Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and CB as a result of this agreement or use of the Website or Online Ordering Application. CB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CB's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Website, Online Ordering Application, or information provided to or gathered by CB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between You and CB with respect to the Website and Online Ordering Application and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and CB. You may not assign, sub-license or otherwise transfer any of Your rights under these Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
CB reserves the right, in its sole discretion, to change the Terms under which the Website and Online Ordering Application are offered. The most current version of the Terms will supersede all previous versions. CB encourages You to periodically review the Terms to stay informed of our updates.
We welcome Your questions or comments:
Cho Bro’s, Inc.
18911 Lake Chabot Road
Castro Valley, California 94546