PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION AGREEMENT REQUIRING MANDATORY BINDING ARBITRATION SET FORTH IN SECTION 12. BY ACCESSING THE SITE OR USING THE SERVICE YOU REPRESENT TO TOCA MADERA THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SERVICE.
We may modify these Terms at any time by any means of notice deemed to be reasonable under the circumstances, in our sole discretion, including by posting the revised version to the Site or any Application, as applicable (each a “Revised Version”) on the Site. Any Revised Version will be effective as of the time it is posted or otherwise communicated to you, but no Revised Version will apply retroactively. Your continued use of the Service after you receive any such notification of a Revised Version constitutes your acceptance of such Revised Version. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS
Capacity to Agree
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Service.
You acknowledge and agree that the availability of any Applications is dependent on the third party from whom you received the Application license (e.g., the Apple iTunes or Google Play app stores) (each an “App Store“). You further acknowledge that these Terms are between you and Meduza Mediterrania and not with any applicable App Store. Meduza Mediterrania, not such App Store, is solely responsible for its own Application, with applicable third parties responsible for any such third party Applications, the content thereof, and the maintenance, support services, and warranty, if any, therefor, and for addressing any claims relating thereto (e.g., products liability claims, legal compliance or intellectual property infringement). In order to use any Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using any part of the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them. By using the Application, you also agree to the Terms and Conditions for Meduza Mediterrania App and Rewards Program.
The Meduza Mediterrania.Com website (“Site”) and its associated Application, Service, and content are © 2022 Meduza Mediterrania , LLC d/b/a Meduza Mediterrania (“Meduza Mediterrania”).
Meduza Mediterrania respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Site and all content within this site are the property of Meduza Mediterrania and are protected by copyright and other intellectual property laws.
By using this Site, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of Meduza Mediterrania has infringed upon your copyright rights, please provide Meduza Mediterrania with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Meduza Mediterrania receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Meduza Mediterrania will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Meduza Mediterrania with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be compliant with § 512 of the Digital Millennium Copyright Act and must also contain the following:
Conversely, if you are a Site user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to:
Matthew Syken, Esq
8720 W Sunset Blvd
West Hollywood, CA 90069
With a copy e-mailed to: email@example.com
Except for any PII and User Content (subject to the rights granted to Meduza Mediterrania with respect thereto), you provide to Meduza Mediterrania via the Service, you agree that Meduza Mediterrania owns all rights, title and interest in and to all other content included in any and all parts of the Service, and that all trademarks, service marks, trade names, brand names, logos and other source identifiers related thereto or included therein (“Marks“) that appear on or in connection with any Products or any part of the Service are exclusively the property of Meduza Mediterrania and its affiliates, licensors (including Meduza Mediterrania) or licensees, as applicable. You are not authorized to use any Marks in any manner other than as expressly permitted in writing by Meduza Mediterrania.
These Terms will remain effective unless and until terminated by either you or Meduza Mediterrania. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms Meduza Mediterrania may suspend your ability to use the any or all parts of the Service or may terminate these Terms, in our sole discretion, effective immediately, with or without notice to you. Upon termination of these Terms, your right to use the Service will automatically terminate immediately. Meduza Mediterrania will not have any liability whatsoever to you for any such suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ALL PARTS OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOBLE 33 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. NOBLE 33 MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN RISK, AND NOBLE 33 MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOBLE 33 OR OTHERWISE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON OR DISCLAIMERS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NOBLE 33 OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF NOBLE 33 TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY GIFT CARDS, VIA THE SERVICE OR ANY THIRD-PARTY SERVICE, EXCEED ONE HUNDRED DOLLARS ($100). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 REFLECT THE ALLOCATION OF RISK AGREED UPON AS REASONABLE BY THE PARTIES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY INCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OR EXCLUDE OUR LIABILITY, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW..
You agree to indemnify, defend and hold harmless Meduza Mediterrania and its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim based upon or arising in connection with (a) your use of or access to the Service; (b) any information you submit or transmit through the Service, including any User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party in connection with your use of the Service; or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Service.
Please read the terms of this Section 12 (this “Arbitration Agreement”) carefully. It is part of your contract with Meduza Mediterrania and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF TRIAL BY JURY.
(a) Applicability of Arbitration Agreement. Except as otherwise specifically provided in Paragraph (n) of this Arbitration Agreement, any dispute, controversy, or claim, whether at law or equity, arising out of or relating in any way to these Terms and use of the Service or Products that cannot be resolved informally or in small claims court, including the breach, termination, enforcement, interpretation, or validity of these Terms and the determination of the scope or applicability of this Arbitration Agreement, shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Meduza Mediterrania, and to any of your or Meduza Mediterrania’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before any party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice“) describing the nature and basis of the claim or dispute, and the requested relief. Such Notice shall be sufficient if sent by via e-mail or by mail. Any Notice to Meduza Mediterrania shall be sent to either: firstname.lastname@example.org, info@Noble 33.com or 8720 W Sunset Blvd, West Hollywood CA 90069. After Notice is received, you and Meduza Mediterrania may attempt to resolve the claim or dispute informally. If you and Meduza Mediterrania do not resolve the claim or dispute within thirty (30) calendar days after such Notice is received, either party may begin an arbitration proceeding.
(c) Arbitration Rules. Arbitration shall be administered by ADR Services, Inc. (“ADR Services”) and held before a sole arbitrator. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the ADR Services’ Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the responding party. Upon receipt of the demand for arbitration, ADR Services will send a “Commencement Letter” acknowledging receipt of the demand. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days after receipt of the demand. If no response is filed, all allegations of the demand shall be deemed denied. The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days after the date the demand for arbitration was filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator pursuant to the procedures set forth in the ADR Services Arbitration Rules, Paragraph 11. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless required under applicable law, otherwise ordered by the arbitrator, or agreed upon by the parties. The parties to this Arbitration Agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof. To begin an arbitration proceeding, you must serve Meduza Mediterrania’s registered agent for service of process: CSC. Arbitration will take place in Los Angeles, California; provided, however, that the arbitrator may cause the arbitration to take place (a) in another location agreed to by both parties, or (b) in another location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
(d) Additional Rules for Non-appearance Based Arbitration. To the extent permitted by the ADR Services Arbitration Rules, if non-appearance arbitration is elected by both parties, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties or required by the ADR Services Arbitration Rules.
(e) Time Limits. If you or Meduza Mediterrania pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Meduza Mediterrania. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, ADR Services Arbitration Rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Meduza Mediterrania.
(g) Waiver of Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than an action in court and are subject to very limited review by a court.
(h) Waiver of Class or Consolidated Actions. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ALL CLAIMS AND DISPUTES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW, CLASS, MASS, CONSOLIDATED, COMBINED, OR REPRESENTATIVE ACTIONS, ARBITRATIONS, OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under applicable law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Meduza Mediterrania.
(m) Small Claims Court. Notwithstanding anything to the contrary contained in this Arbitration Agreement, either you or Meduza Mediterrania may bring an individual action in small claims court.
(n) Claims Not Subject To Arbitration. Notwithstanding the anything to the contrary contained in this Arbitration Agreement, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
(o) Courts. In the event any litigation should arise between you and Meduza Mediterrania in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, or in any circumstances where this Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit for such purpose to venue in and the personal jurisdiction of the courts located within Los Angeles County, California.