RED MANGO, INC. TERMS OF USE
Welcome to the Red Mango, Inc. ("Mango", "we" or "us") website,
www.redmangousa.com
(the "Site"). Your access to and use of this Site is
subject to these Terms and Conditions of Use ("Terms"). By
accessing this Site, you ("you") agree to be bound by these Terms
regardless of whether or not you have read them. If you do not
agree to these Terms, do not access this Site. The Site is not
targeted towards, nor intended for use by, anyone under the age of
13. If you are between the ages of 13 and 18, you may only use the
Site under the supervision of a parent or legal guardian who agrees
to be bound by these Terms.
CHANGES TO TERMS AND CONDITIONS
Mango may at any time, and at its sole discretion, modify these
Terms, including without limitation the Privacy Policy, with or
without notice. Such modifications will be effective immediately
upon posting. You agree to review these Terms periodically and your
continued use of this Site following such modifications will
indicate your acceptance of these modified Terms. If you do
not agree to any modification of these Terms, you must immediately
stop using this Site.
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including but not limited to, all
Site software, design, text, editorial materials, informational
text, photographs, visual interfaces, user interfaces, images,
graphics, illustrations, video, sound, games, clips, artwork and
other materials, (all such content collectively referred to as
"Content"), and the design, structure, selection, coordination,
expression, look and feel and arrangement of such Content, are
protected under United States and international copyright laws and
are the property of Mango or its third party licensors. All rights
are reserved by Mango. All logos, splash screens, page
headers, custom graphics and button icons displayed on this Site
are service marks, names, logos, trademarks, service marks and/or
trade dress (collectively, "Marks") of Mango or its third party
licensors. Except as specifically permitted herein, copying,
distributing, transmitting, displaying, modifying, selling or
participating in the sale of, or otherwise exploiting or using any
Content or any Marks in any form or by any means without the
express written permission of Mango is prohibited and may violate
the copyright, trademark or unfair competition laws of the United
States and/or other countries. RED MANGO name, design and
related marks are trademarks of Red Mango, Inc. © 2012 Red Mango,
Inc. All rights reserved.
Mango hereby grants you a personal, non-exclusive,
non-assignable and non-transferable license to use and display the
Content for noncommercial and personal use only; provided that you
maintain all copyright and other notices contained in such Content.
Mango, content providers and content providers' licensors do not
transfer any title, right or interest to or in any Content to you.
You agree not to reproduce, modify, create derivative works from,
display, perform, distribute, sell, rent, lease, transfer,
sublicense, disseminate, broadcast or circulate any Content to any
third party (including, without limitation, the display and
distribution of Content via a third party website) without express
prior written consent of Mango. Use of Content is only permitted
with the express written permission of Mango and/or its licensors.
You further agree that you will not disassemble, decompile, reverse
engineer, modify or otherwise reduce the computer file in which the
Content is stored to a human-readable form. In addition, you may
not attempt to circumvent, avoid, bypass, remove, deactivate,
impair or otherwise defeat any encryption, rights signaling or copy
protection technology in which the Content is wrapped or otherwise
associated with, and you may not edit, modify, translate, or create
adaptations of the Content.
This Section will survive the termination of your right to use
this Site.
YOUR COMMENTS AND TRANSMISSIONS
We appreciate your comments, reviews, photos, content, remarks,
feedback, suggestions, ideas, inventions, artwork, developments,
concepts, and other types of communications, materials and
submissions you disclose or transmit to us or to
publicly-accessible social networks such as Facebook®, Twitter®,
Instagram®, Path®, TwitPic®, Lockerz® and similar information and
image gathering and sharing services (collectively, "Submissions").
So long as no personally identifiable information is disclosed,
Mango is free to use the Submissions for any purpose whatsoever. By
making a Submission, you grant Mango and its affiliates a
perpetual, irrevocable, worldwide, royalty-free, non-exclusive and
fully sublicensable right and license to make, use, reproduce,
modify, adapt, publish, translate, create derivative works of,
distribute, publicly perform, publicly display, develop,
manufacture, advertise, and market your Submissions and any related
copyrights, moral rights or other intellectual property rights
therein throughout the world, in any medium or technology of any
kind now existing or developed in the future. If you elect to
forward to us or to publicly-accessible social networks any such
Submission, then by doing so, you acknowledge that (1) we are not
liable for any use, disclosure, or return to you of your
Submission, (2) no confidential relationship is established or is
to be implied in any way from our receipt of the Submission and any
statement to the contrary with your Submission shall not alter this
condition, (3) you understand that you will not be entitled to any
compensation from us based upon your Submission or our use thereof,
(4) the receipt of your Submission shall not constitute a waiver by
us of our rights to contest the validity of any copyright, or other
intellectual property rights that you may now or hereafter claim
for the Submission, and (5) any previously, concurrently or
subsequently submitted materials relating to this Submission shall
be considered to have been submitted in accordance with these
conditions. By making a Submission, you also warrant that you
own the material/content submitted, that it is original, that it is
not defamatory, and that Mango's use of the Submission will not
violate any third party's rights. Mango is under no
obligation to use any Submission or any part thereof.
Further, you grant Mango and its sublicensees the right to use
the name that you submit in connection with such materials and
content, if they choose. You represent and warrant that you own or
otherwise control all of the rights to any Submission and in the
materials and content that you post; that the content is accurate;
that use of any Submission, materials or content you supply does
not and will not cause injury to any person or entity; and that you
will indemnify Mango and its sublicensees for all claims resulting
from any Submission, materials and content you supply. Mango has
the right but not the obligation to monitor and edit or remove any
activity or content on www.redmangousa.com. Mango takes no
responsibility and assumes no liability for Submissions and/or any
materials or content posted by you or any third party.
We ask that you do not submit confidential information or
materials to us. We will not keep the Submission confidential and
we may use it as we see fit. By submitting anything to us, you
acknowledge that the Submission is not confidential, or that even
if you think that it is, you are waiving any rights you may have to
the Submission being confidential or any ownership interest you
think that you have in the Submission. Also, please do not
submit anything to us that you have done for your employer during
the course of your employment.
YOUR OBLIGATIONS
In providing registration and other information to Mango, you
agree to provide true, accurate, current and correct information
about yourself, and to maintain and update registration information
to keep it true, accurate, current and complete. If Mango has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Mango has the right to
suspend or terminate your account and refuse any and all current or
future use of the account.
In using this Site you agree that you will not: (a) post,
disseminate or transmit unauthorized advertising, promotional
materials, chain letters, junk mail or any other type of
unsolicited mass email to people or entities who have not agreed to
be part of such mailings; (b) omit, delete, forge or misrepresent
transmission information, including headers, return mailing and
Internet protocol addresses, or otherwise manipulate identifiers to
disguise the origin of any content; (c) impersonate any person or
entity, or falsely state or otherwise misrepresent an affiliation
with any person or entity; (d) engage in any activities intended to
withhold or cloak identity or contact information; (e) send
harassing and/or threatening messages to others; (f) post excessive
responses to interactive features or functions of this Site; or (g)
engage in "flooding," i.e., ICMP flooding and mail bombing (sending
large amounts of email repeatedly to the same email address).
You agree that you are responsible for your own communications
and that you will not post, disseminate or transmit any content
that: (a) is unlawful, harassing, defamatory, abusive, threatening,
obscene, harmful, tortious, libelous, or invasive of another's
privacy; (b) infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right
including, but not limited to, using third-party copyrighted
materials without appropriate permission, using third-party
trademarks without appropriate permission or attribution, and using
or distributing third-party information protected as a trade secret
in violation of a duty of confidentiality; (c) you do not have the
right to disseminate or transmit under law or under contractual or
fiduciary relationships; or (d) contains personally identifiable
information belonging to minors.
To the extent that the following activities are prohibited by
applicable law, in using this Site you will not: (a) use the Site
for any illegal purpose, in violation of any applicable laws or
regulations; (b) publish web pages that contain links that initiate
downloads or streaming of copyright-infringing or other illegal
material; (c) electronically stalk or otherwise electronically
harass another; or (d) engage in any Internet activities that would
violate the personal privacy rights of others, including but not
limited to, collecting and distributing information about Internet
users without their permission, except as permitted by applicable
law.
To the extent that any of the following activities materially
interfere with this Site or the network and systems of a Mango
service provider ("Service"), you will not: (a) post, disseminate
or transmit any worm, viruses or other harmful, disruptive or
destructive files, code or programs on this Site; (b) use Internet
Relay Chat (IRC) bots, i.e., programs that utilize excessive
resources by connecting to an IRC network and running 24 hours per
day; (c) hinder the ability of others to use IRC; (d) disrupt the
normal flow on this Site or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges; (e) interfere with, disrupt, or harm in any way the
servers or networks connected to this Site or Service; (f) use this
Site or Service to access the accounts of others without
permission; (g) attempt to penetrate security measures of this
Site, Service, or another entity, or obtain or bypass others'
passwords; or (h) engage in denial of service attacks, i.e.,
actions designed to impair network access by flooding a site or the
Internet with useless traffic.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that
may be corrected as they are discovered at Mango's sole
discretion. Also, changes are periodically made to the
information contained herein.
MODIFICATIONS TO THE SITE
Changes may be made at any time to the information, names, text,
software, images, pictures, logos, trademarks, products and
services and any other material displayed on, offered through or
contained on this Site. Further, Mango reserves the right,
for any reason, in its sole discretion, to terminate, change or
suspend any aspect of the Site including but not limited to
content, features or hours of availability. Mango may impose limits
on certain features of the Site or restrict your access to part or
all of the Site without notice or penalty.
PRIVACY
Our Privacy Policy applies to use of this Site, and its terms
are made a part of these Terms by this reference. To view our
Privacy Policy, please click here.
Please review this privacy statement and print a copy for
your records. Additionally, by using the Site, you
acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or
information you send to the Site may be read or intercepted by
others, even if there is a special notice that a particular
transmission is encrypted. This Site does not intend to
target or collect personal information from individuals under the
age of 13.
RSS FEEDS
RSS (Really Simple Syndication) feeds may be provided by us to
you as a quick and easy way for you to distribute information from
this Site, our social network websites (such as Tumblr®, Twitter®
and Facebook®) or from your CLUB MANGO account. If we do provide
you with RSS Feeds, they will be accessible through an XML-based
URL that can be accessed with an RSS reader of your choice. Use of
personal RSS feeds that contain information about your CLUB MANGO
account is at your own discretion. If you use personal RSS feeds,
you consent that the information in the feeds will be transferred
to the location in which you enable the RSS feed. Mango will not
pass any personally identifiable information in your feed. However,
your use of an RSS feed may cause personally identifiable
information that is associated with the RSS feed to be associated
with you. You acknowledge that your use of an RSS feed and any
personally identifiable information associated with it is at your
sole discretion and risk.
Use of the Mango RSS feeds is for non-commercial, personal use.
Whether or not you use an RSS feed is entirely at your discretion.
You may not modify the RSS feeds. If an RSS feed contains an
attribution to Mango, you may not remove the attribution. Mango
provides no warranty regarding its RSS feeds and reserves the right
to terminate or modify the feeds at any time without notice. Mango
is not responsible for any loss or damage incurred by you or anyone
else due to your use of an RSS feed.
WIDGETS
We may provide you access to widgets. A widget is a small
software application that allows you to share content from your
CLUB MANGO account. Each Widget you create accesses a
personal RSS feed. You can use your Mango Widgets anywhere you can
publish JavaScript, including your webpage, your blog or on social
networking sites that support web page customization.
Mango will not reveal any personally identifiable information
within the Widget. However, if you choose to install a Widget, this
may cause personally identifiable information that is associated
with the widget to be associated with you. Mango does not take
responsibility for any personal information you choose to be
associated with Widgets. You acknowledge that your use of a widget
and any personally identifiable information associated with it is
at your sole discretion and risk. Do not install a Widget if you
are not comfortable allowing indefinite access to the information
feeds from your CLUB MANGO account pertaining to that Widget.
Use of the Mango Widgets is for non-commercial, personal use.
Whether or not you use a Widget is entirely at your discretion. You
may not modify the Widget. If the Widget contains an attribution to
Mango, you may not remove that attribution. Mango provides no
warranty regarding its Widgets and reserves the right to terminate
or modify Widgets at any time without notice. Mango is not
responsible for any loss or damage incurred by you or anyone else
due to your use of a Widget.
RED MANGO® GIFT CARDS
RED MANGO gift cards are not subject to any service fees or
expiration dates. Your use of a gift card constitutes your
acceptance of the complete terms and conditions (including the
Dispute Resolution provisions). RED MANGO gift cards are
redeemable for food, drink and eligible merchandise at
participating RED MANGO locations in the US. Eligible
merchandise or services are determined by Mango in its sole
discretion and may be changed without notice. Gift cards
cannot be used to purchase other gift cards and you will not
receive Mango Points for the purchase of any gift card. Gift
cards cannot be redeemed for cash or applied as payment to any RED
MANGO account, unless required by law. In California, all RED
MANGO gift cards are redeemable for cash upon request if the
balance on the card is less than $10.00. RED MANGO gift cards may
be redeemable for cash when their balance falls below a certain
amount in other States as well. Unless you have an original
sales receipt for your gift card and your 16 digit gift card
number,or unless it has been registered by you on
www.RedMangoUSA.com, the remaining gift card value will not be
replaced if lost, stolen or damaged. The replacement value
will be the remaining gift card value at the time the loss, theft
or unauthorized use is reported.
ADDING VALUE TO YOUR RED MANGO GIFT CARD
In the United States, you can load a dollar value on a RED MANGO
gift card by using a credit card, debit card or cash by visiting
any participating RED MANGO location. You may not load more than
$250 worth of value on each RED MANGO gift card. The minimum amount
that must be loaded onto your RED MANGO gift card is $5. Mango may
change the maximum and minimum amounts at any time by notifying you
at the point of sale, by phone when you call or on the Site, and
such change shall not constitute an amendment to this
agreement.
LOST, STOLEN OR DAMAGED GIFT CARD REPLACEMENT POLICY
Lost, stolen or damaged RED MANGO gift cards may be replaced
with a new gift card in the amount of any remaining balance on the
gift card after Mango's receipt of the number and proof of purchase
(i.e., receipt) of the lost, stolen or damaged gift card. If your
gift card has been lost, stolen or damaged, please mail: (1) the
number of your old gift card, (2) an original RED MANGO store
receipt indicating the purchase of the gift card, (3) a copy of a
valid government issued I.D. (Driver's License, Military I.D., or
Passport), and (4) your complete name and mailing address to: Red
Mango, Inc., Attn: Gift Cards Replacement, 13014 N. Saguaro Blvd.,
Ste. 102, Fountain Hills, AZ 85268. Upon satisfactory receipt
of these required information, Mango will cancel your old gift card
and issue a new gift card in the amount of any remaining balance on
your old gift card on the date of Mango's receipt of the such
information. The replacement gift card will be mailed to the
address you provide, which must be a valid street address. P.O.
Boxes will not be accepted. Please make a copy all documents you
submit to us for your records. All documents submitted become
Mango's property and will not be returned. Please allow up to 8
weeks for delivery of the replacement gift card. Mango shall not be
responsible for any lost, late, illegible, damaged, misdirected,
incomplete or postage due mail. Reproduction, purchase, trade or
sales of Report Form, gift card numbers, and or cash register
receipts are prohibited. Fraudulent submissions may result in
prosecution under applicable federal mail fraud statutes.
All disputes between you and Mango regarding your purchase, use
or non-use of any gift card shall be resolved by binding individual
arbitration under the American Arbitration Association's rules for
consumer-related disputes. Neither you nor Mango will participate
in a class action or class-wide arbitration for any claims covered
by these Terms. If this class action waiver is found to be
unenforceable in a particular case, then this entire arbitration
agreement shall be null and void in that case. These terms shall be
governed by the Federal Arbitration Act and, where consistent,
Texas law. Mango reserves the right to change this dispute
resolution provision, but any such changes will not apply to
disputes filed before the effective date of the amendment. Your use
of a gift card constitutes your acceptance of this arbitration
agreement.
CLUB MANGO®
CLUB MANGO is the exclusive RED MANGO® loyalty card
program that allows you to earn Mango Points for every qualified
purchase you make in any participating RED MANGO location.
All customers can join CLUB MANGO. There is no fee to join.
You will earn 10 Mango Points for every dollar spent on qualified
purchases in a participating location. You will earn 50 Mango
Points upon complete registration of your initial CLUB MANGO
card/account. You will receive a $5 reward for every 500 Mango
Points you earn. You will receive a $5 reward on your birthday
(provided that you have registered your CLUB MANGO card at least
two weeks prior to your registered date of birth). Your rewards are
automatically saved on your CLUB MANGO account. To redeem them, you
must present either your CLUB MANGO card, 16 digit Club Mango
account number, or the telephone number you used to register your
CLUB MANGO card, at time of purchase. Your CLUB MANGO card
can also be used as a prepaid/stored value card (see below). As a
CLUB MANGO member, you may receive special promotions, coupons and
invitations to exclusive events at RED MANGO locations. You
must present your CLUB MANGO card at the time of check out to earn
Mango Points; however, if you forget to show or bring your CLUB
MANGO card with you, please take your original receipt back to the
RED MANGO store from which you made your purchase, and request your
CLUB MANGO points for that purchase be added to your CLUB MANGO
account. If the RED MANGO store is unable to do so, please email
us at clubmango@redmangousa.com
and attach a copy of your receipt for the previous qualified
purchases along with your CLUB MANGO card number and the email
address with which you registered your CLUB MANGO account.
This will allow us to update your account accordingly with Mango
Points earned for any qualified purchases you make in participating
RED MANGO location(s). If you cannot send an email, then you
can mail a copy of your receipt and your CLUB MANGO card number to
Red Mango, Inc., Attn: Club Mango, 2811 McKinney Ave., Ste.
18, Dallas, TX 75204. Click here for answers to frequently
asked questions regarding CLUB MANGO.
Your use of a CLUB MANGO card constitutes your acceptance of the
complete terms and condition. Mango may at any time, and at
its sole discretion, modify the terms and conditions, with or
without notice. Such modifications will be effective immediately
upon posting. You agree to review these Terms of use periodically
and your continued use of your CLUB MANGO card following such
modifications will indicate your acceptance of any modified terms
and conditions of use. If you do not agree to any modification of
the terms and conditions of use, you must immediately stop using
your CLUB MANGO card.
Mango may make changes to CLUB MANGO, including, without
limitation, the benefits of the program, at any time, and from time
to time, without prior notice. Further, Mango reserves the
right to suspend or end the CLUB MANGO program without prior
notice, in Mango's sole discretion. Mango also reserves the right
to suspend or end the CLUB MANGO program or certain aspects and/or
benefits thereof in certain geographic areas without prior notice.
Void where prohibited.
MANGO POINTS AND REWARDS
Regardless of the dollar value on your CLUB MANGO card, you'll
earn Mango Points every time you make a qualified purchase at a
participating RED MANGO location as long as you present your CLUB
MANGO card at the time of purchase. Qualified purchases are
determined by Mango in its sole discretion and may be changed
without notice. The purchase of a RED MANGO gift card and/or
redemption of CLUB MANGO rewards are not qualified purchases;
however, purchases (other than purchases of gift cards) made at a
participating RED MANGO location using a RED MANGO gift card and/or
a preloaded CLUB MANGO card (other than use of any CLUB MANGO
rewards) are considered qualified purchases. You cannot use
rewards to purchase RED MANGO gift cards. Please note that your
Mango Points and rewards will expire upon the earlier of (a) 12
months of inactivity on your CLUB MANGO card, or (b) the following
Mango Points and rewards expiration schedule:
- Birthday Rewards, which are $5 rewards we give you on your
birthday, expire 30 days after you receive your reward
- Earned $5 Rewards, which are $5 rewards we give you for every
500 Mango Points you earn, expire 60 days after you receive your
reward
- Coupons and other rewards we may send you on a periodic basis
that are neither Birthday Rewards or Earned $5 Rewards expire 30
days after you receive the coupon or reward
The only way to redeem your rewards from Mango Points and/or
your birthday and other rewards earned is by registering your CLUB
MANGO card and presenting your card at the register of a
participating RED MANGO location at the time of check-out.
Until you register your CLUB MANGO card, you will not be able to
redeem your rewards. You will, however, continue to
accumulate Mango Points for qualified purchases in participating
RED MANGO locations. If you want to combine your Mango Points
and/or rewards from multiple cards, simply register the CLUB MANGO
card that you will keep as your primary CLUB MANGO card and contact
us via the Contact Us section of the
Site with your request to combine multiple CLUB MANGO
cards. We will need the numbers of all CLUB MANGO cards and
you will need to indicate which CLUB MANGO card is the primary
card; we will transfer your Mango Points and/or rewards from the
identified CLUB MANGO cards to the one that you designate as your
primary card, and then deactivate your other CLUB MANGO cards.
USE OF YOUR CLUB MANGO CARD AS A PREPAID/STORED VALUE CARD
Your CLUB MANGO card allows you to load a dollar value on to it
for future purchases at participating RED MANGO locations. The
dollar value that you load onto your CLUB MANGO card is a
prepayment only for the goods and services of participating RED
MANGO locations. No credit card, credit line, overdraft protection
or deposit account is associated with a CLUB MANGO card. Unless
otherwise required by law or permitted by these Terms, any amount
on your CLUB MANGO card is nonrefundable and may not be redeemed
for cash. No interest, dividends or any other earnings on funds
deposited to a CLUB MANGO card will accrue or be paid or credited
to you by Mango. The value associated with the CLUB MANGO card is
not insured by the Federal Deposit Insurance Corporation
(FDIC).
Most RED MANGO locations in the United States accept your CLUB
MANGO card. Certain RED MANGO-branded locations may not permit you
to use the CLUB MANGO card for payment, including some airport,
grocery and bookstore locations, or in stores located outside the
United States. We reserve the right not to accept any CLUB
MANGO card or otherwise limit use of a CLUB MANGO card if we
reasonably believe that the use is unauthorized, fraudulent or
otherwise unlawful.
ADDING VALUE TO YOUR CLUB MANGO CARD
Your CLUB MANGO card can be used as a RED MANGO gift card. In
the United States, you can load a dollar value on a CLUB MANGO card
by using a credit card, debit card or cash by visiting any
participating RED MANGO location. You may not load more than $250
worth of value on each CLUB MANGO card. The minimum amount that
must be loaded onto your CLUB MANGO Card is $5. Mango may change
the maximum and minimum amounts at any time by notifying you at the
point of sale, by phone when you call or on the Site, and such
change shall not constitute an amendment to this agreement.
RECEIPTS AND STATEMENTS
Cardholders are not sent statements of itemized transactions
from a CLUB MANGO card account. You can check the balance of your
CLUB MANGO card or review recent transactions on your CLUB MANGO
card by clicking here,
or by calling 1-214-302-5915. You will need to have your CLUB MANGO
card available in order to access your account. The account balance
for a CLUB MANGO card or RED MANGO gift card also will appear on
your receipt from a point-of-sale register. When you use your CLUB
MANGO card, you will receive a receipt if you request one but will
not be asked to sign the receipt. The receipt will indicate that
the purchase was made using a CLUB MANGO card and will provide the
remaining balance of your CLUB MANGO card. You should keep your
receipts and check your online statement to ensure that your
account balance is correct.
BILLINGS AND ERROR CORRECTIONS
We reserve the right to correct the balance of your CLUBM MANGO
card account if we believe that a clerical, billing or accounting
error occurred. If you have questions regarding your transaction
history or any correction, or if you dispute any transaction or
correction that has been assessed against your CLUB MANGO card,
please contact us via our Contact Us
page on the Site, or call 1-214-302-5915. We will conduct an
investigation and communicate the results and correct any error
that we verify as soon as we finish the investigation. If no error
was found, we will communicate an explanation. We shall have no
liability for any billing error unless you provide us notice within
60 days of the date of the transaction in question. You should
monitor your transactions and account balances closely.
REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS
Because your CLUB MANGO card is used like cash for purchases
from participating RED MANGO locations, you are responsible for all
transactions associated with your CLUB MANGO card, including
unauthorized transactions. However, if your CLUB MANGO card is
lost, stolen or destroyed, the card can be replaced with the
balance remaining on it at the time of your call, but only if you
have registered it with us. See below on how to register your CLUB
MANGO card. Please notify us immediately if you change any of your
registration information. If your CLUB MANGO card becomes
lost, stolen or damaged, you should contact us via the Contact Us section of the Site . Your
CLUB MANGO card balance is only protected from the point in time
you notify us that your CLUB MANGO card is missing. We will freeze
the remaining balance on your CLUB MANGO card at the time you
notify us and will load that remaining balance on a replacement
CLUB MANGO card.
CLUB MANGO REGISTRATION
In order to join CLUB MANGO, you must first obtain and activate
a CLUB MANGO card at any participating RED MANGO location. Then,
register your CLUB MANGO card online here.
After you register your card, you can start collecting Mango Points
for all of your qualified purchases. Please note that you must
present your CLUB MANGO card at the time of purchase to collect
your Mango Points and/or redeem rewards. You must provide us with
your email address in order for us to be able to send to you
special promotions, coupons and/or invitations to exclusive events
from RED MANGO.
REPLACING A LOST OR STOLEN CLUB MANGO CARD
If your CLUB MANGO card is ever lost or stolen, visit your local
participating RED MANGO location and request a new CLUB MANGO card.
If you remember the 16 digit number of the CLUB MANGO
card you have lost or stolen, a participating RED MANGO store will
be able to deactivate your old card and issue you a new one.
If you do not remember the 16 digit number, you will need to obtain
and register a new CLUB MANGO card using a new username and
password, but the same email address you used to register your
previous card that was lost or stolen card. Once you have
done this, contact us via the Contact Us
section of the Site to request that your Mango Points and reward
balances be transferred from your old CLUB MANGO card to your new
one. We will need the new CLUB MANGO card number as well as
the username or email address connected to your old account in
order for us to be able to transfer your Mango Points and/or
rewards.
USERNAME, PASSWORD AND ACCESS TO YOUR CLUB MANGO ACCOUNT
You are solely responsible for managing your password and for
keeping your password confidential. No one from Mango will be
authorized to provide you your password. If you forget your
username or password, click on the "Forgot Your Password" link
located here,
or contact us via the Contact Us
section of the Site to request your user name or password.
For your privacy, we do not have access to your password
information. However, we can reset it for you so that you can
update your account with a new password. You are also solely
responsible for restricting access to any computer you use to
access your CLUB MANGO membership. You agree that you are
responsible for all activities that occur on your account or
through use of your password by yourself or by other persons.
If we provide you with, and you opt for a "Remember me" feature for
your CLUB MANGO account, or if you login with your personal
Facebook account, a cookie helps Mango recall certain items of your
specific information on subsequent visits, including your username
and password. When you return to CLUB MANGO, the information you
previously provided can be retrieved, so that it is not necessary
to enter your username and password to access certain
functionality. While cookies are a convenience, please remember
that if you elect the "Remember Me" option, anyone who can access
the computer you are using will have the ability to access your
account for certain functions and view certain information about
your account.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from Mango about RED MANGO
and/or your CLUB MANGO membership electronically, either by e-mail
or by notices posted on this Site, as determined by Mango in its
sole discretion. You agree that any requirement that a notice,
disclosure, agreement, or other communication be sent to you by
Mango in writing is satisfied by such electronic communication. You
agree that Mango may send you e-mails which include notices about
your account as well as information pertaining to our service, such
as featured products or new offerings. You agree that this
information is part of your membership and your relationship with
Mango.
MANGO INITIATED CLUB MANGO CANCELLATIONS
Mango may suspend or cancel your CLUB MANGO membership account,
or otherwise restrict your use of any of Mango's services, in
Mango's sole discretion, with or without cause.
DISCLAIMER
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, FUNCTIONS AND ALL
INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH
THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MANGO AND ITS
LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL SUCH
REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
(INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY
RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY,
RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR
RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE,
TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE) AND
ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. MANGO DOES NOT WARRANT THAT THIS SITE OR ITS
CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE
OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION
ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MANGO OR ANY OF ITS SUBSIDIARIES, AFFILIATES,
FRANCHISEES, LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUCCESSORS,
ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD
PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR
IN CONNECTION WITH: THIS SITE; ANY CONTENT OR MATERIALS,
INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS
SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED
THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED
ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT MANGO
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE
THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES
RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold Mango and each of its
subsidiaries, affiliates, franchisees, licensees and any of their
respective directors, officers, employees, shareholders, members,
agents, licensees, successors, assigns or other representatives,
harmless from and against any and all claims, losses, damages,
liabilities, costs and expenses, including reasonable fees and
expenses of counsel, incurred or suffered by them and arising from
or related to your (i) use of the Site including, without
limitation, transmission or placement of information or material by
you on this Site or (ii) violation of any of these Terms.
This provision shall survive the termination of your right to use
this Site.
DISPUTE RESOLUTION
All disputes between you and Mango arising or relating to: (a)
these Terms; (b) this Site; (c) any advertisement or promotion
relating to these Terms or this Site; or (d) transactions
effectuated through this Site; or (e) the relationship which
results from these Terms (including relationships with third
parties who are not party to these Terms) shall be resolved by
binding individual arbitration under the American Arbitration
Association's rules for consumer-related disputes. Neither you nor
Mango will participate in a class action or class-wide arbitration
for any claims covered by these Terms. If this class action waiver
is found to be unenforceable in a particular case, then this entire
arbitration agreement shall be null and void in that case. These
Terms shall be governed by the Federal Arbitration Act and, where
consistent, Texas law. Mango reserves the right to change this
dispute resolution provision, but any such changes will not apply
to disputes filed before the effective date of the amendment. This
provision will survive the termination of your right to use this
Site.
TERMINATION
Mango may at any time and at its sole discretion terminate your
right to use this Site.
GOVERNING LAW
You agree that all matters relating to your access to or use of
the Site, including all disputes, will be governed by the laws of
the United States and by the laws of the State of Texas without
regard to its conflicts of laws provisions. You agree to the
personal jurisdiction by and venue in the state and federal courts
in Dallas County, Texas, and waive any objection to such
jurisdiction or venue.
GENERAL PROVISIONS
Except for the portion of these Terms specifically labeled as
the CLUB MANGO® Terms and Conditions, which govern such program
(the "Club Rules"), these Terms constitute a binding agreement
between you and Mango and supersede all prior agreements,
understandings and representations between the parties regarding
the subject matter herein. In the event of an inconsistency
between these Terms and the Club Rules relating to your use of this
Site, these Terms shall prevail. In the event of an inconsistency
between these Terms and the Club Rules relating to your use of your
CLUB MANGO loyalty card or Mango Points, the Club Rules shall
prevail. No failure by Mango or you to exercise any rights,
powers or remedies hereunder or its delay to do so shall constitute
a waiver of these rights, powers or remedies. The single or partial
exercise of a right, power or remedy shall not prevent its
subsequent exercise or the exercise of any other right, power or
remedy. If any provision of these Terms or part thereof is or
becomes illegal, invalid or unenforceable in any jurisdiction, the
illegality, invalidity or unenforceability of that provision will
not affect the legality, validity or enforceability of the
remainder of the provision or the remaining provisions of these
Terms, as the case may be, or the legality, validity or
enforceability of that provision or part thereof in any other
jurisdiction. These Terms are effective until terminated by
you or Mango, which Mango may do at any time, without notice, in
its sole discretion. If you become dissatisfied with the Site, your
only recourse is to immediately discontinue use of the Site. All
provisions of the Terms regarding representations, warranties,
indemnification, disclaimers, and limitations of liability shall
survive the termination of the Terms.
If you have any questions or comments about these Terms, please
call us at 1-214-302-5915 or contact us via the Contact Us section of the Site..
LINKS
This Site contains links to or references to other web sites
owned and operated by third party, including among others those of
advertisers and other third parties and companies whose trademarks
appear on the Site. These links are provided for your convenience
only. No endorsement of any third party products, services or
information is expressed or implied by any information, material or
content of any third party contained in, referred to, included on,
or linked from or to this Site. Any information, data, opinions,
recommendation, products or services provided by such third parties
through links to other websites or otherwise made available through
their websites are solely those of such third parties and not of
Mango or its affiliates. This could be the case even for those web
sites that carry Mango's or its affiliates' trademarks or logos or
which are framed by the Site. Your use of such third party websites
is subject to the terms and conditions of use and the privacy
policies of such websites. We are not responsible for
the information collection practices or the content of the sites to
which we link.
SECURITY
In connection with any RED MANGO gift card or CLUB MANGO card,
your personally identifiable and financial information are
encrypted using SSL (Secure Socket Layer) encryption technology
before being sent over the Internet. This is industry standard
technology designed to protect the security of your information. To
help prevent unauthorized access to your data, maintain data
accuracy, and ensure the correct use of information, we have also
established physical, electronic, and managerial procedures
designed to safeguard and secure the information we collect
online.
CONTACT US
If you have any questions or concerns regarding these Terms,
please call us at 1-214-302-5915 or contact us via the Contact Us section of the Site, or write to
us at Red Mango, 2811 McKinney Ave., Ste. 18, Dallas, TX 75204.
For privacy or security questions regarding any RED MANGO gift
card, please call us at 1-214-302-5915, contact us via the Contact Us section of the Site or write to
us at Red Mango, 2811 McKinney Ave., Ste. 18, Dallas, TX 75204.