Terms of Service

Effective: January 27th, 2022               

 

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS(“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SAMBAZON.

 

SECTION 13 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 13 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT-OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 13 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT-OUT OF THE ARBITRATION AGREEMENT.

 

1.     Purpose

 

SAMBAZON, Inc. (“SAMBAZON,” “we,” “us,” or “our”) provides Açai food and beverage products. By using the SAMBAZON website and any of the information and services offered through the website (“Services”), you agree to be bound by this Agreement. The success of the Services, however, depends on the adherence to the terms of this Agreement by you and other Users (collectively “you,” “your,” or “Users”). While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

 

2.     Eligibility

 

By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:

a. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services;

b. You are 16 or older;

c. You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services; and,

d. You will comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.

 

3.     Access

 

a. Access. By entering into this Agreement, you will be granted a revocable license to access the Services without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to the Services or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Services, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.

b. Prohibited Uses. You understand, acknowledge and agree that any access or use of the Services shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the Services. 

c. Privileges Nontransferable. Your access privileges may not be transferred by you to any third parties. 

d. Passwords and Security. You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services.
 

4.     Acceptable Use Policy

 

By using the Services, you agree that: 

a. You will only use the Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.

b. You will not use the Services to cause nuisance, annoyance or inconvenience.

c. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.

d. You will not violate the publicity or privacy rights of another individual.

e. You will not copy or distribute any content displayed through the Services.

f. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

g. The information you provide to us or otherwise communicate with us is accurate.

h. You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.

j. You will not attempt to gain unauthorized access to any part of the Services and/or to any service, account, resource, computer system and/or network connected to any of our servers.

k. You will not deep link to the Services or access the Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Services or any content on the Services.

l. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

m. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.

n. Your self-submitted content (“User Content”) does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

o. Your User Content does not violate any state or federal law designed to regulate electronic advertising;

p. Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.

 

5.     Information on our Services

 

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

 

6.     User Submissions and Content

 

We may provide you with interactive opportunities through the Services. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented, without notification to and/or approval by you, except as otherwise required by law.

 

Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.

 

7.     Intellectual Property Ownership

 

We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

8.     Privacy

 

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy , which is incorporated herein by reference.

 

9.     Third-Party Interactions

 

The Services may contain links to or display content originating from third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

10.  Indemnification

 

You agree to indemnify and hold harmless SAMBAZON  and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our 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 us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Services.

 

11.  Disclaimer of Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS.

 

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

 

12.  Limitation of Liability

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SAMBAZON  BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.  THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.

 

13.  Dispute Resolution

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 13 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

 a. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or SAMBAZON may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

IF YOU AGREE TO ARBITRATION WITH SAMBAZON, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

b. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, [SAMBAZON 209 Avenida Fabricante, Suite 200 San Clemente, CA 92672]. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.

c. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SAMBAZON. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and SAMBAZON.

d. Waiver of Jury Trial. YOU AND SAMBAZON WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and SAMBAZON are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 13(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

e. Waiver of Class or Consolidated Actions. YOU AND SAMBAZON AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor SAMBAZON is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14.

f. Opt-Out. You may opt-out of this Arbitration Agreement. If you do so, neither you nor SAMBAZON can force the other to arbitrate as a result of this Agreement. To opt-out, you must notify SAMBAZON in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt-out of this Arbitration Agreement. You must send your opt-out request to us via our Privacy Form. If you opt-out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

g. Survival. This Arbitration Agreement will survive any termination of your relationship with us.

h. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

 

14.  Exclusive Venue

 

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SAMBAZON agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Orange County, California, or in federal court for the Central District of California.

 

15.  Termination

 

At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

 

16.  General

 

a. No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, SAMBAZON or any third-party provider as a result of this Agreement or use of the Services.

 

b. Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

 

c. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

d. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

 

e. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

 
17.  California Electronic Commerce Disclosure to Consumers

Under California Civil Code § 1789.3, California consumers are entitled to the following disclosures. 

The name of the provider of these Sites and services is:

SAMBAZON
209 Avenida Fabricante, Suite 200
San Clemente, CA 92672

To resolve any complaints about your use of these Sites and our services, please contact us using the available contact methods in the Contact Information section below.

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at: 

Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834

 
18.  Contact Information

Phone: 1-877-726-2296

Mail: SAMBAZON
209 Avenida Fabricante, Suite 200
San Clemente, CA 92672

Contact Form

 

SAMBAZON Mobile Message Service Terms and Conditions

Last updated: 01/10/22

The SAMBAZON mobile message service (the "Service") is operated by SAMBAZON (“SAMBAZON”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SAMBAZON's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SAMBAZON through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SAMBAZON. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 72622. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SAMBAZON mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 72622 or fill out a form here.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. 

Questions 

You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at:
SAMBAZON, Inc.
209 Avenida Fabricante, Suite 200. San Clemente, CA 92672. 

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice. For any questions regarding the Promotion or these Terms and Conditions, please use our Contact Form.

 

SAMBAZON BERRY GOOD REWARDS TERMS AND CONDITIONS 

 Last Updated: May 15th, 2023 

Thank you for reviewing the Terms and Conditions (“Terms”) for the SAMBAZON “Berry Good Rewards” program (the “Program”). These Terms are between you and SAMBAZON and/or its affiliates (“SAMBAZON” or “us” or “we”) and govern our respective rights and obligations. Your participation in the Program is subject to these Terms, our Terms of Use, and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements. The Terms, together with applicable terms related to any promotional offers provided to you for use with the Program, constitute the entire agreement between you and SAMBAZON related to the Program. BY ENROLLING IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE TERMS. NO PURCHASE IS NECESSARY TO BECOME A SAMBAZON BERRY GOOD REWARDS MEMBER. 

We may make changes to these Terms by posting the new Terms at SAMBAZON.com. If we make material changes or terminate the Program, we will notify you by e-mail and post the new Terms at SAMBAZON.com. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. 

1. Eligibility

a. Age

To participate in the Program, you must be at least 13 years old and a legal resident of the United States.  If you are at least 13, but less than 18 years old (or the age of majority in your state of residence), you must also have the consent of your parent or guardian before enrolling in the Program, and your parent or Guardian must read and agree to these Terms. 

b. E-mail, Text, and other Contact Information

By enrolling in the membership, you are also agreeing to receive marketing- and product-related and communications from us. Such communications may be in a variety of forms, including e-mails, text messages, and physical mailings to your address. You also agree and acknowledge that SAMBAZON will communicate with you about Program changes, rewards and promotional materials via e-mail or text message. You are responsible for ensuring that we have a valid e-mail address and phone number that is capable of receiving text messages. To change the contact information for your account, please contact here: https://help.sambazon.com/hc/en-us/requests/new 

Should you wish to stop receiving promotions-related communications, you may do so at any time by submitting a request to the link above or unsubscribing from email or text message communications. In the event that you decline to receive promotions-related communications, we will continue to communicate with you regarding Program-related matters. 

c. Corporate Accounts

Membership in the SAMBAZON Berry Good Rewards program is limited to individuals only. A company which makes purchases through SAMBAZON’s custom corporate channel or accounts is not eligible for membership. 

d. Participating Properties

Your membership is valid at the SAMBAZON Açaí Bowls in Cardiff location in the United States and SAMBAZON.com (together, “Participating Properties”). Participating Properties do not include wholesale or food service accounts. 

2. Receiving Points

You may receive points on products you purchase for your personal use at any of the Participating Properties or through certain promotional marketing offers when you are signed up for the Berry Good Program. Typically, one point will be provided for each $1.00 spent online, and two points will be provided for each $1.00 spent at SAMBAZON Açaí Bowls in Cardiff or at your local grocery store when you scan your receipt in the Berry Good Rewards for a qualifying SAMBAZON purchase, rounding up to account for cents in a purchase, although certain promotions or offers may provide for larger ratios. 

The following purchases are not eligible for receiving points under the Program: Purchases made prior to becoming a member, purchases made for resale (e.g., wholesale account purchases), purchases paid with a gift card certificate, purchases made with a membership-related discount or credit, purchases of or with SAMBAZON gift cards, store credit issued by SAMBAZON, sales tax, and certain items that are excluded in particular promotions. We may also, in our sole discretion, identify certain products and offers that are not eligible for receiving points. 

Points will normally post to a member’s account within one (1) business day from the purchase, but may take as long as ten (10) business days from purchase date. If you return an item in a qualifying purchase for which you received points, we will deduct the corresponding number of points from your account. 

If you made a qualifying purchase and did not provide your account information at the time of purchase, you may request points within thirty (30) days of purchase by contacting us here: https://help.sambazon.com/hc/en-us/requests/new. You must have your receipt or other evidence of payment. 

3. Effect of Points

The Program has multiple levels of membership. The total amount of dollars spent assigned to a customer’s account will dictate which level of membership that account will be enrolled in. The thresholds for each level will be according to charts or other information published and updated by SAMBAZON from time to time. Your status at a certain level will begin when your spend total reaches or exceeds the specified thresholds. Tier status is based on your spend within the last 365 days. You will have 365 days from the date you join a tier to reach the next one. The tier you are in after 365 days will be the tier you are in for the next 365 days. To remain in that tier, you must requalify by spending the dollar amount threshold for that tier, or you will move down tiers. Points automatically expire 180 days after the purchase in connection with which they were awarded and will not roll-over. Points expire at midnight on the date of their expiration and are no longer valid for use starting on that date. SAMBAZON may choose to send email notifications about the status of a member's points, but it is the sole responsibility of the member to monitor when their points are set to expire. Members can view the specific expiration date for their points when logged into their SAMBAZON Rewards account by navigating to the My Account tab, then clicking on Activity. Your status at a certain level will end when your spend value total drops below the required threshold for that level because of the expiration of any previous spend. SAMBAZON may choose to confer status on members based on certain purchase behaviors or other nondiscriminatory criteria (dates and benefits may vary for people who are invited to join). If you qualify for such status or if you are invited to join, we will notify you. 

Certain membership benefits may include free or discounted merchandise. Please do not accept or consume such designated merchandise if you have an allergy or negative physical reaction to any of the ingredients disclosed on the nutrition panel or product page. We will endeavor to accommodate disclosed allergy or dietary restrictions, but our ability to satisfy your needs is not guaranteed and is subject to availability and other business concerns. 

Specific rewards items advertised from time to time by SAMBAZON or communicated to members in emails, on the website, at SAMBAZON Açaí Bowls Shop in Cardiff, or via social media are subject to availability and the business needs of SAMBAZON. Members who redeem points for a certain reward may receive an item or equal or greater value at the sole discretion of SAMBAZON. 

Log in to your SAMBAZON.com account and go shopping to redeem your rewards. When you're ready to checkout, visit your Dashboard and spend your earned points on the discount of your choice by clicking the Redeem button. You'll receive a code to use in your cart. If you have a reward, you can redeem it, or save it for later as the Reward Code will display at the bottom of the Redeem page until used. 

If you are shopping at the SAMBAZON Açaí Bowls store in Cardiff, share the email address associated with your Berry Good Rewards account when you are ready to checkout. The store associate will share your available dollar-off reward and you can redeem it or save it for later. Only discount based rewards will be available at the SAMBAZON Açaí Bowls store in Cardiff, all other rewards must be redeemed online. Points can only be redeemed for dollar-off rewards in the amounts of $5 (100 points), $10 (200 points), $15 (300 points), or $20 (400 points). Your dollar-off reward will be applied before discounts, tax, and shipping. The most points you can redeem on a single purchase is 400 points, or $20 off.  

You can also redeem for swag items, donation, contest based rewards and entries to giveaways based on your tier. Visit our Redeem Page and view the charts on your tier level for more information. Any Special Rewards that are listed online or advertised in an email are subject to availability. Due to the sometimes-seasonal nature of Special Rewards, SAMBAZON reserves the right to make substitutions of any items if the reward is out of stock. If this is the case, you will be notified via email. By redeeming a Special Reward, you agree to any necessary substitutions to the SAMBAZON item in the reward. 

Unless specifically stated otherwise in connection with a particular benefit or offer, membership benefits may not be assigned or transferred to any other party or person. 

For further explanation of rewards, please visit our FAQs. 

4. How to Keep Your Account Active

If your account is inactive for a period of thirty-six (36) consecutive months without any Account Activity, your account will be automatically terminated. 

For purposes of these Terms, “Account Activity” means a qualifying purchase linked to your account, use of Points, or any other engagement with your account or the Program that generates points (e.g., participating in a “refer a friend” option). Logging into your account, by itself, is not considered “Account Activity.” 

5. Miscellaneous

a. Privacy Policy
We may use the information you provide or that we otherwise collect about you as a member of the Program or in connection with any Account Activity, including your name, contact information (e.g., e-mail address(es) and phone number(s)), purchasing habits, and other information provided as part of your account with SAMBAZON), in accordance with the SAMBAZON Privacy Policy, which can be accessed here: https://www.sambazon.com/pages/privacy-policy. The Privacy Policy may be updated from time to time, in which case your engagement in any Account Activity shall be deemed consent to the current version of the Privacy Policy. 

b. Limitations

Points provided or earned in connection with the Program have no monetary or tangible value. Points are non-transferable and may not be assigned. Only one account membership will receive points in any one transaction, and only one membership may be provided per customer. Additional restrictions may apply to SAMBAZON employees. 

c. Membership Cancellation

You may cancel your membership in the Program at any time by contacting us here: https://help.sambazon.com/hc/en-us/requests/new. If your membership is canceled (either by you or by SAMBAZON), you will forfeit any remaining points. Cancellation of your membership will not result in erasure of any information provided by or gathered regarding you. 

We may terminate your account and/or participation in the Program because of suspected or actual conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of Program membership, or is harmful to our interests or to another customer. We also reserve the right to deny future membership if we deem your conduct to violate these Terms. 

Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. 

d. Member Communications

You may view your membership and Account Activity online at https://www.sambazon.com/account/login. For information about your membership, contact SAMBAZON here: https://help.sambazon.com/hc/en-us/requests/new. 

We may, in our discretion, change these Terms, our Privacy Policy, or any aspect of Program membership. If any change to or provision of these Terms is found invalid, void, or for any reason unenforceable, that change or provision is severable and does not affect the validity and enforceability of any remaining changes or conditions. 

e. Disclaimers

THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WHERE AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAMBAZON EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH SAMBAZON AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. 

f. Limitation of Liability

IN ADDITION TO OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAMBAZON OR ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF THE QUALIFYING PURCHASE THAT IS THE SUBJECT OF THE DISPUTE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR SAMBAZON’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD. ALL LIMITATIONS OF LIABILITY OF ANY KIND (IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH SAMBAZON AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. 

g. Dispute Resolution

These Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT SAMBAZON AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE; HOWEVER, AS SET FORTH BELOW, THE PRECEDING ARBITRATION REQUIREMENT SHALL NOT APPLY TO DISPUTES TO THE EXTENT RELATING TO THE INTERPRETATION OR APPLICATION OF THE CLASS ACTION WAIVER BELOW, INCLUDING ITS ENFORCEABILITY, REVOCABILITY OR VALIDITY. 

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this section or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration. 

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. 

h. Applicable Law

IN CONSIDERATION FOR PARTICIPATING IN THE PROGRAM, YOU AGREE THAT THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF CALIFORNIA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST SAMBAZON ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE PROGRAM.

l. Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by SAMBAZON, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.