At club59mas.com, we value our relationship with you.

This document explains our position and specific conditions regarding your use of our Internet site and/or our Mobile Applications (collectively, our “Website” or “Site”).  By using this Site, you agree to be bound by our Terms & Conditions in addition to other terms and conditions or policies that may appear throughout the Site.

If you are unwilling to accept any of these Terms & Conditions, we ask that you do not use the Site.  When you use the Site, you agree to be bound by the then-current Terms & Conditions.  Each time you use this Site, you should visit and review the Terms & Conditions.  We reserve the right to occasionally update the Terms & Conditions.

  1. OTHER TERMS

Some areas of this Site may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”).  If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

  1. USE OF THE SITE

You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract download, monitor, gather, transmit or copy any of the data or material on the Site (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.

We reserve the right to restrict, suspend or terminate without notice your access to the Site or any feature of this Site or any part thereof at any time.

  1. SERVICES

We may change or eliminate services offered on or through the Site at any time without notice. We make no representation that any services are available for use in your location, and a reference to services on the Site does not imply that the services will be available to you and/or in your location.

4. COPYRIGHT AND PERMISSIONS

Please feel free to browse the Site.  In general, and unless otherwise posted, you may review and print copies of material from the Site, provided that the material (1) is used only for personal and/or non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices and any copyright management information displayed on the material as posted on the Site.

You are not permitted to make or distribute copies of material on the Site for any commercial purpose without prior written permission from us. None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Company. Except as otherwise noted, all content of the Site is:

Company has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material from the Site, please contact us.

5. TRADEMARKS

Many of the trademarks/service marks and/or logosdisplayed on the Site identify the services of Company and related organizations and inform the public as to the source of those services. Your misuse of any Marks is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

  • In a manner likely to cause confusion;
  • To identify your products or services;
  • In, as, or part of your own trademarks or service marks;
  • In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
  • In a manner that disparages or dilutes the Marks.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from us. Please make such requests by contacting us. We will evaluate your request and respond as soon as possible.

6. Submissions by You ON THE SITE AND IN SOCIAL MEDIA

We appreciate hearing from you on this Site and on certain websites owned by Company or third parties (e.g. Instagram, Facebook, Twitter, Pinterest) where Company has established a social media page (the “Page”) dedicated to one or more of its brands.

Please be aware that by submitting content to this Site or the Page, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), you (1) represent and warrant to Company that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; (2) grant to Company an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed; and (3) grant to Company an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use the name that you submit in connection with the Content. You acknowledge that any Content submitted by you may be handled by Company on a non-confidential basis, except where otherwise indicated by Company’s Privacy Policy.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Site or the Page any of the following:

  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;
  • Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;
  • Unsolicited promotions, political campaigning, advertising, contents, raffles or solicitations;
  • Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;
  • Content or links to content that, in Company’s sole judgement is objectionable, restricts or inhibits others from using the Site or Page, or which may expose Company or its users to any harm or liability of any type;
  • Content that appears to violate a third-party website’s Terms of Use or any other policies or terms that govern use of the site or any applicable laws;
  • Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.

Although Company has no obligation to screen, edit, or monitor any of the Content posted by users, Company reserves the right to restrict, suspend or terminate without notice a user’s access to the Site or the Page or any feature of this Site or the Page or any part thereof at any time.

The Site or Page may contain the opinions and views of other users, which Company does not endorse and for which Company is not responsible.  Company is also not responsible for the accuracy of any content posted on the Site or Page, and you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

Your dealings with third parties found on or through the Site or Page are solely between you and those third parties.  Company does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Site or Page.

7. Additional Disclaimers and Limitation of Liabilities and Warranties

The Site may contain technical inaccuracies, typographical errors, and out-of-date information. We make no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and we makes no warranty that the Site will meet your requirements. We reserve the right to make changes to the Site at any time.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR SITE. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” COMPANY MAKES NO WARRANTY OF NONINFRINGEMENT. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY
SOFTWARE OR MATERIALS FROM THE SITE.  NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY SHALL NOT APPLY IN NEW JERSEY.

  1. Indemnification

You shall indemnify and hold harmless Company, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Site, including any software and/or services offered through the Site, Content that you submit through the Site, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

8. Intellectual Property Limitation of Liability

Company respects the intellectual property of others, and we ask visitors to our Site to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Company:

  • Identification of the copyrighted work(s) that you claim has been infringed;
  • Identification of where the material that you claim to be infringing is located on the Site;
  • A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
  • Your address, telephone number, and e-mail address; and
  • Your physical or electronic signature.

Similarly, if you believe any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify us.

9. Applicable Laws and Jurisdictional Issues

The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the state of Texas and you agree to accept service of process by mail.  Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in Texas. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

10. SOFTWARE

You acknowledge that these Terms & Conditions govern your use of any software provided by Company and/or made available through the Site, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the software; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the software; (4) you shall not attempt to circumvent or disable the software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the software without the prior written consent of Company.

11. Compliance with Laws

You agree that you will not use the Site or the software or services provided on or through the Site for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site or software or services provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or software or services provided on or through the Site in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

12. MISCELLANEOUS

Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Company is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Company, then Company shall not be responsible to you for any failure or delay in the performance of its obligations.

In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

Any failure by Company to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

These Terms & Conditions constitute the entire understanding between Company and you with respect to the Site.  We reserve the right to make changes to these Terms & Conditions and other policies on the Site at any time.

BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL

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