Terms and Conditions

Last Update:June 10,2024

Please Read the following Terms and Conditions (“Terms”) and disclaimers carefully before accessing or using our website, application, or platform (the “Service” or “Services”) which is operated by Más+ Next Generation Beverage Co. (the “Company,” “MÁS,” “we”, “us” and “our”).

IMPORTANT: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND MÁS+ NEXT GENERATION BEVERAGE CO. ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS FACT DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

BY ACCESSING THIS WEBSITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MAKING A PURCHASE, AND/OR SUBMITTING INFORMATION TO MÁS+ NEXT GENERATION BEVERAGE CO., YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, LITIGATION, DAMAGE, AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF ILLINOIS LAW.

From time to time we may update this Service and these Terms. Your use of this Service after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. MÁS may, in its sole discretion, and at any time, discontinue this Service or any part thereof, with or without notice, or may prevent your use of this Service with or without notice to you. You agree that you do not have any rights in this Service and that MÁS will have no liability to you if this Service is discontinued or your ability to access the Service or any content you may have posted on the Service is terminated.

USE OF THE SITE
1. Your access to and use of the Service where these terms and conditions are posted is subject to all applicable laws and regulations which apply to this site, to the Internet, as well as these terms and conditions. Your accessing of this site and/or your use of this site constitutes acceptance of these terms and conditions without reservation, limitation, or qualification.
2. You are only eligible to use the Service if you are of legal age of majority in your state or if you have consent from your parent or guardian. There may be certain age restrictions on the use of this this Service.
3. These Terms apply to all visits to this site and all information, products, and/or services provided on or through this site.
4. The information posted by the site operator on this site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this site is strictly on an "as is" basis, and you must not assume that this site will be error free or that it will operate without interruption or as intended.
5. The following requirements apply to your use the Service:
  - you will not use any electronic communication feature of the Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
  - you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
  - you will not collect or store personal data about other users;
  - you will not use the Service for any commercial purpose not expressly approved by MÁS in writing;
  - you will not purchase items through the Service for any commercial purposes, including but not limited to resale or wholesale;
  - you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
  - make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  - interfere with or disrupt the operation of the Service or the systems, servers, or networks used to make the Service available, including by hacking or defacing any portion of the Service;
  - reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Service except as expressly authorized in these Terms;
  - reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law;
  - remove any copyright, trademark, or other proprietary rights notice from the Service;
  - frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service;
  - use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any materials, or reproduce or circumvent the navigational structure or presentation of the Service; or
  - violate any law, rule, or regulation, or these Terms.
INTELLECTUAL PROPERTY
1. All registered trademarks are used under license by MÁS. All references on this site to “MÁS” are references to the owner and/or licensee(s) of such trademarks in the United States, and all rights in respect of all of such trademarks are reserved.
2. Unless otherwise noted or provided in these terms and conditions or in the text on the Service, everything you see or read on this site is the property of MÁS, including all text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, sketches, animations, stickers, general artwork, trademarks, service marks, logos, designs and other content and intellectual property ("Business IP"), and is protected by copyright, trademark, patent and other laws. MÁS reserves all rights not expressly described in these Terms. You agree that MÁS owns all right, title and interest in and to the Business IP and that you will not use the Business IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Business IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without prior express written permission from MÁS. MÁS neither warrants nor represents that your use of materials displayed on or downloaded from this site will not infringe rights of third parties.
3. To the extent MÁS approves the download or use of Business IP comprised of copyrights or copyrightable works, MÁS grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as MÁS makes such Business IP generally available to the public. All such Business IP is intended for personal, non-commercial use. MÁS reserves the right to monitor your use and to alter or revoke this license or your access to the Business IP at any time and for any reason. MÁS reserves the right to take down any Business IP in violation of these terms or MÁS’s intellectual property rights. MÁS allowing you this limited use does not constitute a waiver of any of MÁS’s rights to the Business IP.
4. Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Business IP displayed on this site without the prior written permission of MÁS or any third party that may own any such item displayed on the site. Your use of any of the Business IP displayed on this site and any other content on this site is strictly prohibited except only and to the limited extent expressly permitted in these terms and conditions. You agree not to change or delete any ownership notices from materials downloaded or printed from the Service. MÁS will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.
TRANSACTION INFORMATION
1. You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to MÁS the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. All billing information you provide to us must be truthful and accurate. Verification of information may be required prior to the acknowledgment or completion of any transaction. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order.
2. MÁS reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our fraud department. MÁS reserves the right, with or without prior notice, to do any one or more of the following except to the extent prohibited by law: (i) discontinue any product; (ii) impose conditions on the honoring of any coupon, rebate, coupon code, promotional code, or other promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. MÁS also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any product(s) from the Service for the purpose of engaging in a commercial sale of the same product(s) to a third party.
3. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products you have ordered, as well as all shipping and handling charges and applicable taxes and fees.
4. All goods and services available on the Service are subject to change without notice and is available while supplies last MÁS reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. Goods may be available only in limited quantities and will be distributed on a first-come, first-served basis. You should regularly consult the Services for updates regarding product availability.
PRODUCT INFORMATION
1. MÁS aims to describe and display its products accurately on the Service. However, some items on the Services may be described inaccurately or unavailable, and MÁS may experience delays in updating information on the Service and in our advertising on other websites. As a result, MÁS cannot and does not guarantee the accuracy or completeness of any information, including product images, specifications, and availability. MÁS reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. Pricing for products may be different on different Services.
SHIPPING AND DELIVERY
1. MÁS cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Service.
2. MÁS’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the availability of an item has been confirmed. As part of our shipping procedures, MÁS verifies the availability and the price before an item is shipped. MÁS reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from MÁS. If an item is no longer available, or if MÁS determines that there were inaccuracies in our product information, MÁS may cancel your order and notify you of such cancellation via email.
3. Shipping available only in the 48 contiguous United States. Delivery is not offered to Hawaii, Alaska, PO Boxes, or Military bases. Delivery of the products shall be made to the address specified by the customer when placing the order depending on the shipping options chosen below. MÁS has the right, but not the obligation, to subcontract all or any of its obligations for delivery of the products to any other party as it may from time to time decide without giving notice of the same to the customer.
4. Except to the extent required by law, no responsibility is assumed by MÁS for goods after they have been delivered to the carrier. The risk of loss for and title to products purchased on the Service passes to the purchaser upon delivery to the carrier. MÁS reserves the right to charge you for shipping fees to re-ship any products that have been returned to MÁS due to your shipment refusal, your failure to include a sufficient address, or if the product is otherwise undeliverable.
5. The estimated delivery date on your order confirmation page or updated delivery dates in email notifications and any dates quoted for delivery of the products are approximate only. Delivery times may vary, especially during peak periods. MÁS is not liable for any
  loss or damages caused by a delay in shipment.
6. MÁS offers a variety of shipping methods and the shipping cost is calculated based on the location of the delivery address, shipping speed chosen the weight of the products you order among other factors. Shipping costs will be calculated at checkout or prior to shipment. To help ensure proper and efficient delivery of your order, your shipping address must be a street address.
PRODUCT ORDERS AND RETURNS
1. Orders are non-cancellable and non-refundable.
2. All sales on the Service are final. We do not offer any refunds, returns or exchanges. If you are unsatisfied with a product that you have purchased, or you have a problem with an item in your order, please reach out to our Customer Service team, to report the issue. All reports of issues or shortages must be reported within forty-five (45) days after delivery to receive support.
3. In addition to any other remedies available to it, MÁS may in its sole discretion restrict or terminate your user account (“Account”), or cancel or refuse orders for violations of, or abuse of these Terms or MÁS returns policy.
ACCOUNT DETAILS
1. You may be given the option to register for an Account on the Services. If you decide to register an Account on the Services, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase.
2. You agree to keep your Account log-in credentials confidential and to not authorize any third party to use your Account. You agree that you will not solicit, collect, or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself.
3. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at customersupport@masbymessi.com if you suspect any unauthorized use of your Account or any other breach of security.
4. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any submissions on or through the Service. You waive and hold harmless MÁS and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
PROMOTIONS
1. Some discount codes that offer discounts on the merchandise available on the Service may carry certain restrictions. Please refer to the specific program that generated the code for full information about restrictions or limitations including but not limited to the quantity of items that can be purchased, and whether or not that code can be combined with other discount codes or promotions on the Service. We reserve the right to cancel your order if you place an order exceeding the maximum purchase limit. If a discount code cannot be combined, there will be a corresponding disclaimer on the checkout page, or we will otherwise notify you.
2. Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from or supplement these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy and our Notice of Financial Incentives. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern with respect to the applicable Promotion.
SUBMISSIONS
1. Some parts of the Platform allow you to post photos, videos, comments, data, questions, suggestions, survey responses, and other content, which we refer to as “Submissions.” MÁS is not responsible for Submissions others post to the Services. All Submissions will be treated as non-confidential and non-proprietary.
2. Submissions are owned by you or whoever created it, but when you submit Submissions to the Service as described below you represent that you have the right to post your Submission, and you grant MÁS a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the Submission that you post on or in connection with the Service, including the likeness of any person that appears in the Submission, or any of the concepts or ideas contained in the Submission, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. MÁS may, in its sole discretion, remove any Submission at any time.
3. You understand that deleted Submission may persist in MÁS’s systems and on the Platform to the extent your Submission has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal information in accordance with applicable law as described in our Privacy Policy.
4. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis, and is treated as a “Submission.” MÁS is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, and you grant to MÁS a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you.
5. You must not submit or otherwise publish through this Service anything which:
  - is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, or invades the privacy of any person, as determined by MÁS in its sole discretion;
  - victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  - infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks;
  - is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  - violates any local, state, federal, or international laws or is otherwise tortious;
  - advocates or describes any illegal activity;
  - advertises or solicits funds for goods or services;
  - is false, fraudulent, inaccurate, or misleading;
  - contains your confidential personally identifiable information of yourself or others;
  - contains advertisements, solicitations, or spam links to other web sites or individuals;
  - contains or relates to chain letters or pyramid schemes;
  - impersonates another business, person, or entity; or
  - is intended to cause harm, damage, disable, or otherwise interfere with the Service.
User Reviews
1. You may choose to submit ratings and reviews (each, a “Review”) through the customer review platform on our site. MÁS encourages reviews through the site, as long as the content submitted complies with our Terms, including these Review Guidelines and our Privacy Policy. If you have any site-related, customer service, shipping, or purchase issues or questions, please contact us directly. Please do not submit such feedback through the review platform.
2. By submitting any Review, you represent and warrant that:
  - You are the sole author and owner of the intellectual property rights thereto;
  - All "moral rights" that you may have in such Review has been voluntarily waived by you;
  - Any Review that you post is accurate, honest, and reflects your genuine experience and opinion;
  - You will clearly disclose any incentives, gifts, or compensation received for your Review;
  - Use of the Reviews you supply does not violate our Terms and will not cause injury to any person or entity.
3. MÁS reserves the right (but has no obligation) to monitor, alter, change, remove, condense, refuse to post or allow to be posted, or delete any Review submitted for any reason.  Reviews may be moderated by a third party to verify authenticity and compliance with our policies. Your Review may be excluded if it violates our review guidelines or includes any content that:
  - Is known by you to be false, inaccurate or misleading;
  - Impersonates any person, or misrepresents the reviewer’s identity or affiliation with any person or organization
  - Infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  - Violates or promotes the violation of any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  - Is or may reasonably be considered to be, defamatory, libelous, hateful, lewd, violent, abusive, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, or discriminatory against individuals or groups based on race, gender, religion, sexual orientation, disability, or other protected characteristics;
  - Promotes sexually explicit or pornographic material;
  - Is considered ‘spam,’ off-topic, mass mailings, or chain letters;
  - Contains political campaigning, commercial solicitation, contests, sweepstakes, and other sales promotions, barter, or advertising;
  - Includes third party websites or personal information (e.g., addresses, email, contact information, phone numbers);
  - Is submitted in a language besides English; or
  - Contains any computer viruses, malware, worms or other potentially damaging computer programs or files.
4. You acknowledge that you are solely responsible for the content of your Review. None of the Reviews that you submit shall be subject to any obligation on the part of MÁS its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. All Reviews submitted may be used at MÁS’s sole discretion.  MÁS neither endorses nor is responsible for any opinion, advice, information, or statements made in any Review. The opinions expressed in a Review reflect solely the opinions of the individual who submitted such Review and may not reflect the opinions of MÁS.
5. For any Review that you submit, you grant MÁS a perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable, fully paid up, transferable right and license to use, display, perform, transmit, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Review and/or incorporate all or a portion of such Review into any form, medium or technology, now known or hereafter developed, throughout the world, including but not limited to ours and our partners, retailers, and vendors’ digital and non-digital media and advertising channels, such as in-store marketing, all without compensation to you. Do not submit information that you do not wish to license to us, including any confidential information or any original creative materials. Information you submit in your review will be publicly displayed. Do not include any sensitive personal information, confidential information, or information you do not intend to have publicly disclosed. Personal information you submit in a review will be subject to our Privacy Policy. In addition, you grant to MÁS the right to include the name provided along with the Review submitted by you; provided, however, MÁS shall have no obligation to include such name with such Review. By submitting your email address in connection with your Review, you agree that MÁS and its third-party service providers may use your email address to contact you about the status of your Review and other administrative purposes in relation to your Review submission.
MÁS Monitoring

MÁS will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze any content submitted to the Service, including Submissions and Reviews (altogether “Content”), and any use of and access to the Service, including to determine compliance with these Terms. MÁS will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Service, for any reason, including violation of these Terms, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify MÁS for all claims resulting from any Content you make available.
DISCLAIMER OF WARRANTIES
1. THE SERVICES, AND ALL BUSINESS IP, CONTENT, MATERIALS, PRODUCTS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MÁS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MÁS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE BUSINESS IP, THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU.
2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MÁS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MÁS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MÁS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND INDEMNITY
1. UNDER NO CIRCUMSTANCES WILL MÁSBE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) OUR WEBSITES OR SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF OUR WEBSITE OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE OR SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; (F) CANCELLATION OR ALL OR PART OF YOUR ORDER, OR (G) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
2. IN NO EVENT WILL MÁS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. IN NO EVENT WILL MÁS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.
3. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY MÁS. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
INDEMNIFICATION

You (and any third party on whose behalf you use the Services) agree to indemnify, defend, and hold MÁS harmless from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to, use or misuse of the website or Services; (ii) your breach or alleged breach of these Terms; (iii) any Submissions or Reviews you submit; or (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. You agree that MÁS will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of MÁS in connection therewith. You will cooperate as fully required by MÁS in the defense of any claim. MÁS reserves the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify MÁS. You shall not settle any claim without the prior written consent of MÁS.
BINDING ARBITRATION AND CLASS ACTION WAIVER
1. You and MÁS agree that any controversy or claim (except for any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Services, and/or use of the Services or Service updates, as well as all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Commercial Rules”) by a sole arbitrator. You can access the Commercial Rules at AAA Rules, Forms & Fees | ADR.org or by calling +1 800-778-7879. You and MÁS shall endeavor to agree upon the arbitrator, and if you and MÁS fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Rules. The place, or legal seat of arbitration, shall be Illinois, and the language of the arbitration shall be English.
2. YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO ARBITRATION YOU COMMENCE HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. Each party shall bear its own arbitration filing fees.
3. The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
4. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
5. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law (other than to legal or professional advisors, witnesses, or experts acting pursuant to a duty of confidentiality). Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than legal or professional advisors, witnesses or experts acting pursuant to a duty of confidentiality), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed or kept confidential to the extent permitted by law.
CONFIDENTIALITY AND PRIVACY ISSUES
1. Unless encrypted, information sent or received over the Internet is insecure and MÁS cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. MÁS will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to MÁS through this Service.
2. Through your accessing or usage of this site, MÁS is able to and may in fact gather certain information about you and your use of the Service as set forth in the MÁS Privacy Policy.
LINKED SITES

If and to the extent that any other sites on the World Wide Web are linked to this Service at any time, MÁS is not responsible for the content of any such linked site or any link contained within such a linked site. MÁS reserves the right to terminate any link or linking program at any time and the linking of any site to or through this site does not imply any endorsement by MÁS of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this site, you do so entirely at your own risk. MÁS reserves the right to alter, update, add to and/or revise these terms and conditions at any time and from time to time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this Service.
MODIFICATION OF TERMS AND CONDITIONS

MÁS may make changes to this Agreement in its sole discretion, which may include modification or termination of the applicable Services. MÁS will give you notice of a change by posting it on LX brand’s Services or any other method reasonably determined by MÁS. You shall be deemed to have accepted any changes made by MÁS if you continue to use the Services after such changes are effective, if you click any button to accept, agree, or acknowledge your “ok” to the Terms (or such other variation presented to Customer), or if you provide your agreement through other means, and no additional action or agreement shall be required.
GOVERNING LAW

Any claim relating to the Services shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
MISCELLANEOUS
1. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
2. You may not assign or otherwise transfer the Terms without MÁS’s prior written consent, which may be withheld in its sole and absolute discretion. Any other purported assignment shall be void.
3. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties hereto, and supersedes and cancels all previous written and oral agreements, communications and other understandings between the parties hereto relating to the subject matter of these Terms, and that all waivers, amendments and modifications must be in a writing signed or otherwise agreed to by both parties, except as otherwise provided herein.
4. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect whatsoever.
5. All notices under this Agreement will be (a) in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid, or (b) posted directly on MÁS Services.
6. Without limiting the foregoing, MÁS may use any contact information you have provided to MÁS for providing notices under these Terms. Either party may change its address for notices by giving notice to the other party in conformity with this paragraph. MÁS will not be liable for any loss resulting from a cause over which it does not have reasonable control.

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LIMITATION OF LIABILITY AND INDEMNITY

INDEMNIFICATION

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CONFIDENTIALITY AND PRIVACY ISSUES

LINKED SITES

MODIFICATION OF TERMS AND CONDITIONS

GOVERNING LAW

MISCELLANEOUS