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Welcome to the
havanamania.com Web site (the "Site"), provided by
Havana Mania, Inc." "we" or us). This Agreement
contains the terms and conditions upon which you
("you" or "the user") may access and use the
valuable information and services available through
the Site. We may modify this Agreement at any time,
and such modification will be effective 30 days
after either posting of the modified Agreement or
notification to you. You agree to review this
Agreement periodically to ensure that you are aware
of any modifications. Your continued access or use
of the Site shall be deemed your conclusive
acceptance of the modified Agreement.
The materials ("Materials") contained in the Site
are provided by Havana Mania, Inc. and may be used
for informational purposes only. By downloading any
of the Materials contained in any Havana Mania's
sites, you agree to the terms and provisions as
outlined in this legal notice. If you do not agree
to them, do not use this site or download Materials.
Loyalty Rewards. (terms and conditions)
Havana Mania, Inc. MVP Royalty Card (if
you are a regular customer and want to get the rewards card you
must sign up at the restaurant)
Rules
of the Game
1. Havana Mania, Inc, MVP Points are available on qualifying
purchases at Havana Mania. You must be
a MVP member at the time of purchase to receive your
points. The MVP rewards is not valid with any other offer. This
means that if you have a coupon or other promotional offer, no
points will be issued for that visit. You have to choose one or
the other.
2. You must purchase lunch or dinner to get a Havana Mania MVP
rewards acct, however you can only have one active account at a
time and you must have an mail address to qualify. If you loose
your card, a replacement card will be issue at no charge for the
first time, the second time is $10.
3. You will be awarded 1 base point for every $1 purchased on food
items. Points will not be issued for tax or tip.
4. Points may be earned only by the MVP Card holder who pays the
check. Points will not be issued for the purchase of gift cards.
One discount or certificate per day per card holder.
5. Your points will be credited to your account within 24 hours.
Please allow 48 hours after joining for us to activate your
account and update your enrollment information.
6. Every time your account reaches 200 points, the points will
automatically be deducted and a $15 discount certificate will be
mail to your address. It’s just that simple! Accounts are updated
daily after the close of business. Once you pass the 200 point
threshold, our system will automatically deduct the 200 points and
you will have $15 discount. This may take 24 hours to process.
7. Now for the fine print: Havana Mania, Inc. reserves the right,
at their sole discretion, to terminate the MVP Loyalty program,
and to alter, limit, modify or add to the MVP Loyalty rules,
regulation, terms and conditions, including but not limited to
imposing time limits and changes in point values, rewards and
reward levels, all without prior notice, at any time.
8. Havana Mania MVP points have no cash value. Points are
surrendered for award redemption only.
9. Havana Mania, Inc. reserved the right to discontinue membership
privileges and/or void all or a portion of a member’s point
balance if the points have been issued, received or redeemed
through computer error, fraud or theft, through illegal means or
in a manner not authorized in the Official Rules & Conditions or
in other legal or equitable remedy which may be available for the
Havana Mania MVP
Program under applicable law.
10. We occasionally send e-mail to random Havana Mania MVP members
with discount offers and information about our MVP reward program.
We will never share or sell
our list of MVP Members.
11. Employees of Havana Mania, Inc. and their immediate families
are not eligible to participate in the MVP Program.
12. MVP points unused for
over 1 year are automatically canceled. All points and rewards
balances will be forfeited. Use it or lose it.
1. License.
THE CONTENTS OF THIS SITE, INCLUDING ITS "LOOK
AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND
BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE
(INCLUDING HTML-BASED COMPUTER PROGRAMS) AND OTHER
MATERIAL, ARE PROTECTED UNDER BOTH UNITED STATES AND
FOREIGN COPYRIGHT, TRADEMARK, AND OTHER LAWS. These
contents belong or are licensed to Havana Mania,
Inc. We hereby grant you the right to view and use
this Site subject to the terms and conditions of
this Agreement. You may download and/or print a copy
of the information provided in this Site for your
internal use only. Permission to reprint or
electronically reproduce any document or graphic in
whole or in part for any other purpose is expressly
prohibited, unless prior written consent is obtained
from the respective copyright holder (s). You may
contact us at the address indicated at the end of
this Agreement. In any event, you agree not to
modify, amend, reduce the size of or in any way
obliterate any warnings, liability limitations,
disclosures or notices (including any copyright or
trademark notice) associated with the information.
In turn, you grant us a non-exclusive,
royalty-free license to use any content you post on
the Site for any purpose, subject to the express
terms of this Agreement.
WE DO NOT AUTHORIZE OTHER WEB SITES TO LINK TO
THIS SITE WITHOUT OUR PRIOR PERMISSION. Please
contact us at the address indicated at the end of
this Agreement should you wish to effect such a
link.
2. Trademarks.
"Havana Mania " and the stylized Delicious Cuban
Cuisine logo are trademarks of Havana Mania,
Inc, registered in the U.S.
Other product or service names or logos
referenced in the Site are either trademarks or
registered trademarks of Havana Mania, Inc. The
absence of a product or service name or logo from
this list does not constitute a waiver of Havana
Mania's trademark or other intellectual property
rights concerning that name or logo. All other
products and company names mentioned in the Site may
be trademarks of their respective owners.
3. Unsolicited Idea Submission Policy.
Havana Mania, Inc. or any of its employees do not
accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions,
new or improved products or menu items, product
enhancements, processes, recipes, materials,
marketing plans or new product names. Please do not
send any original creative artwork, suggestions or
other works. The sole purpose of this policy is to
avoid potential misunderstandings or disputes when
Havana Mania, Inc.'s products or marketing strategies might seem
similar to ideas submitted to Havana Mania. So,
please do not send your unsolicited ideas to Havana
Mania or anyone at Havana Mania. If, despite our
request that you not send us your ideas, you still
send them, then regardless of what your letter says,
the following terms shall apply to your idea
submission.
You agree that: (1) your ideas will automatically
become the property of Havana Mania, Inc, without
compensation to you, and (2) Havana Mania can use
the ideas for any purpose and in any way, even give
them to others.
Havana Mania does, however, welcome your feedback regarding many areas of Havana Mania's existing
business. If you want to send us your feedback, and
we hope you do, simply use our Contact Us page. Please provide only specific feedback on
Havana Mania's existing products or marketing
strategies (do not include any ideas that Havana
Mania policy will not permit it to accept or
consider). It's just one more way that Havana Mania
can learn how to best satisfy your needs.
4. Privacy.
We respect your personal privacy and the
sensitivity of your corporate information. Please
see our Privacy Policy, which is incorporated by
reference into this Agreement for the details of our
commitment.
5. Your Conduct.
(a) Notwithstanding anything to the contrary in
this Agreement, using or attempting to use any
engine, software, tool, agent, or other device or
mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search
engines and search agents available from Havana
Mania, Inc. on this
Site and other than generally available third-party
web browsers (such as Netscape Communicator or
Microsoft Explorer) is prohibited.
(b) You may not attempt to decipher, decompile,
disassemble, or reverse-engineer any of the software
comprising or in any way making up a part of the
Site.
6. Warranty Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS."
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR ACCESS OR USE OF
THE INFORMATION IS AT YOUR SOLE RISK. THE
INFORMATION ON THIS SITE MAY BE COMPILED FROM
VARIOUS THIRD-PARTY CONTENT PROVIDERS ("PROVIDERS").
HAVANA MANIA, INC. AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR
ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF
PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WE
AND OUR PROVIDERS DO NOT GUARANTEE THE TIMELINESS,
VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION
MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. WE
AND OUR PROVIDERS DISCLAIM ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE
PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR
MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT
LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF
VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT
MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR
ANY FAILURE TO PROVIDE ACCESS TO THE SITE. ALTHOUGH
WE OR OUR PROVIDERS MAY UPDATE THE CONTENT ON THIS
SITE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL
INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE
INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN
INACCURACIES OR TYPOGRAPHICAL ERRORS.
7. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER HAVANA MANIA, INC, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS SHALL HAVE ANY
LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR
INDEMNITY ARISING OUT OF OR RELATING TO USE OF THE
SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND
ALL CLAIMS YOU MAY HAVE AGAINST HAVANA MANIA INC., ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS (INCLUDING BUT NOT
LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF
HAVANA MANIA, INC,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) FOR
LOSSES OR DAMAGES YOU SUSTAIN ARISING OUT OF OR
RELATING TO USE OF THE SITE.
8. Survivability of Limitation of Liability.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED
ABOVE, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF
THIS LIMITATION OF LIABILITY OR EXCLUSION OF
WARRANTY IS HELD TO BE INVALID OR UNENFORCEABLE FOR
ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF
HAVANA MANIA, INC,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF
ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN
NO EVENT SHALL HAVANA MANIA, INC, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES
OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO
ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
ARISING OUT OF OR RELATING TO USE OF THE SYSTEM ARE
HEREBY EXCLUDED EVEN IF HAVANA MANIA, INC, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer of Liability for Service
Interruption.
NEITHER HAVANA MANIA, INC, NOR ANY OF ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY
PROVIDER OR THIRD-PARTY VENDOR WILL BE LIABLE OR
HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR
DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR
INTERRUPTION OF THE SYSTEM, OR RESULTING FROM THE
ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN
MAKING THIS SYSTEM OR THE DATA CONTAINED THEREIN
AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING
TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE
SYSTEM OR THESE MATERIALS, WHETHER OR NOT THE
CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE
BEEN WITHIN THE CONTROL OF HAVANA MANIA, INC. OR OF ANY VENDOR
PROVIDING SOFTWARE OR SERVICES SUPPORT.
10. Third Party Rights.
The provisions of paragraphs 7, 8 and 9 apply for
the benefit of Havana Mania, Inc. and its officers,
directors, employees, and agents. Each of these
individuals or entities shall have the right to
assert and enforce those provisions directly against
you on its own behalf.
11. Right To Terminate.
Havana Mania, Inc. shall have the right to
terminate your ability to use or access the Site at
any time without notice to you.
12. Miscellaneous.
(a) You agree that no joint venture, partnership,
employment, or agency relationship exists between
Havana Mania, Inc and you as a result of this Agreement or your
use of the Site.
(b) Any cause of action or claim you may have
with respect to Havana Mania, Inc. must be commenced within one (1)
year after the claim or cause of action arises.
(c) Havana Mania's failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right.
(d) Havana Mania, Inc. may assign its rights and
duties under this Agreement to any party at any time
without notice to you.
13. Governing Law and Forum.
This Agreement shall be governed by and construed
in accordance with the laws of the State of
California, without regard to its provisions
relating to conflicts of law. You agree that any
legal action or proceeding between Havana Mania,
Inc. and you for any purpose concerning this
Agreement or the parties' obligations hereunder
shall be brought exclusively in a court of competent
jurisdiction sitting in Los Angeles, California,
United States of America. In light of the nature of
this Agreement, you understand and agree that money
damages may be insufficient to rectify breach and
that, consequently, Havana Mania, Inc. will be
entitled to seek preliminary and equitable relief
upon a breach of the Agreement by you.
14. Entire Agreement.
This Agreement comprises the full and final
understanding between you and Havana Mania, Inc. and
merges and supersedes any and all other agreements,
understandings or representations, written or oral,
with respect to the subject matter hereof. The
Agreement may not be modified except by a writing
(in paper or electronic form) signed by you and by
an authorized representative of Havana Mania, Inc.,
and referring specifically to this Agreement.
Neither the course of conduct between the parties
nor trade practice shall act to modify any provision
of this Agreement.
15. Severability.
The provisions of this Agreement are severable,
and in the event any provision hereof is determined
to be invalid or unenforceable for any reason, such
invalidity or unenforceability shall not in any way
affect the validity or enforceability of the
remaining provisions.
16. Notice to You.
Havana Mania, Inc. may deliver notice to you
under this Agreement by means of electronic mail, a
general notice on the Site, or by written
communication delivered by first-class U.S. mail to
your address on record with Havana Mania, Inc. as
part of your registration information.
17. Contacting Us.
To contact us with any questions or concerns in
connection with this Agreement, or to provide any
notices under this Agreement, please go to Contact Us. |