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Terms and Conditions

These Terms of Use describe the terms and conditions (the “Terms”) of MariachiBand.com(“MB,” “we,” “us,” or “our”). These Terms apply to all websites and mobile applications owned and operated by us or our affiliates that link to these Terms, and related online and offline "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) there to (including our social media pages) 
 
For additional terms applicable to MariachiBand.com Web and mobile Web pages, and any of our MariachiBand.com branded properties (“MariachiBand.com”) only, see the Additional Terms Specific to MariachiBand.com, in Sections 27 through 30, below.
 

AA) Your Acceptance of the Terms
 
By using or accessing the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you confirm your agreement to be bound by these Terms and our Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms and the Privacy Policy, please do not use or access the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). The Terms expressly supersede any prior Terms of Use between you and us or any of our affiliates or predecessors. Certain features or products available through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) may be subject to additional terms and conditions presented to you at the time that you use or purchase them. For example, any contests, sweepstakes, or other promotions (each a “Promotion,” and, collectively, “Promotions”) made available through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the Terms, the Promotion rules shall apply.  
PLEASE CAREFULLY REVIEW SECTION 22 “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SET FORTH BELOW AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS INCLUDED HEREIN AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
 
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time, and you agree to be bound by such modifications or revisions. It is your responsibility to check the Terms periodically because any changes will be binding on you. By continuing to access or use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) after those revisions become effective, you agree to be bound by the revised Terms.
 

1) Users of the "Online Services Platforms" 
 
Through our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) we offer a new method of community and marketplace for the wedding industry, celebrations, and for other important life events in booking services.  Our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) are only available to business entities and individuals at least 18 years of age who can form legally binding contracts under applicable law.


Users of our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) include individual users such as those of residence (collectively, “Member/Client/Customers”) of the functions for examples but not limited to (ex: wedding parties/retirement parties/anniversaries/wedding proposals) in which the service will be provided, and only authorized individuals of companies/business organizations in which services will take place if booking for a corporate event at a business location using business funding.  
 

a. Member/Client/Customers/Clients/Customers
 
As a Member/Client/Customer/Client/Customer and user of our platform/feature, you “the customer” acknowledge that while we “MariachiBand.com” use multiple methods to help verify the identity of all Mariachi Bands when they register for our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) as a group looking for hire, we cannot and will not guarantee each Mariachi Bands identity, capabilities, that they have also obtained all required permits, licenses or consents, or that complies with all applicable laws. We do not endorse any particular Mariachi Band nor do we guarantee the quality of their goods or services. You, the customer, should use our services as an avenue of booking service, then conduct your own research to ensure the Mariachi band you choose to do business with are appropriate for you. MariachiBand.com does their best to find top rated Mariachi groups in your area that fit your budget, however, as these band Member/Client/Customers are self-contracted individuals, there can be situations in which Member/Client/Customers of the groups are not original Member/Client/Customers as this happens throughout all Mariachi Bands when there are spots to fill. MariachiBand.com holds no liability in these situations as they are out of our control when booking occurred on our behalf. We are in no way responsible for assisting you in reaching an agreement with the Mariachi Group. MariachiBand.comis a third party entity that acts as a mutual party as a booking service. We will assist in booking service and send out the contract between the customer/client/Member/Client/Customer and the Mariachi group/Vendor/Company. This contract should be signed by both parties to ensure a legal binding contract of service between the customer and the contracted group, if the contract is not signed by either party, the risk of legal liabilities fall on both parties. We are not responsible for reaching an agreement between the parties and the fee that was collected during deposit for our service is non-refundable if no agreement is reached. We are not responsible for assisting the Mariachi group in providing service to Member/Client/Customers/clients/customers and hold no liability. Payment to the contracted Vendor/Company/Mariachi Band (if not paid in full online the day of booking) is due in full before the presentation of the mariachi band is over. In the event the client fails, neglects or refuses to pay the wages or other payments agreed upon herein and suit is commenced to recover the aforesaid or any part thereof, the client shall be responsible for the attorney fees, court costs, and expenses incurred in recovery of the sums due. The client should agree with these conditions: The cancellation will be effective if the client notifies the Mariachi group directly in writing (for example but not limited to only documented forms of communication: text message/email) 48 hours prior to services . If the client fails to cancel in appropriate timing the client will pay the total amount previously agreed upon on contract. Deposit is non-refundable once booking has been completed even with agreed cancelation. 
 

b. Contracted Groups/ Vendor/Company/Contracted group/ Mariachi Band/Company/Contracted group/ Mariachi Bands/ Mariachi Bands
 
If you are agreeing to the Terms on behalf of a Vendor/Company/Contracted group/ Mariachi Band or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.
 
As a Vendor/Company/Contracted group/ Mariachi Band or other legal entity, you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Member/Client/Customers. MariachiBand.comis a third party entity that acts as a mutual party as a booking service. We will assist in booking services (with a fee that is embedded in the price) and send out the contract between the customer/client/Member/ and the Mariachi group/Vendor/Company. This contract should be signed by both parties to ensure a legal binding contract of services between the customer and the contracted group, if the contract is not signed by either party, the risk of legal liabilities falls on both parties. We are not responsible for reaching an agreement between the parties and the fee that was collected during deposit for our services is non-refundable if no agreement is reached. We are not responsible for assisting you in providing services to Member/Client/Customers. Your Member/Client/Customership to our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page)/platform may not be transferred or sold to another party.
 
As a Vendor/Company/Contracted group/ Mariachi Band or other legal entity you must list the true and correct name of your business on the contract and information provided to MariachiBand.com. If there is a change to that business name, Vendor/Company/Contracted group/ Mariachi Band or other legal entity must promptly update the information and may need to provide additional documentation for proof of name change. Vendor/Company/Contracted group/ Mariachi Band or other legal entity who engage in the sale of goods and services must have a valid business operations license, as applicable. The Vendor/Company/Contracted group/ Mariachi Band understands that the client has the right to cancel services as long as the client properly notified the group in writing (for example but not limited to only documented forms of communication: text message/email) within 48 of services for cancellation. Both parties also understand that the deposit that was collected during booking is non-refundable to either party, even with cancellation, as this is required as a service charge for services completed from MariachiBand.com. 
 


2) We Are a Neutral Service Provider
 
As a User (both Member/Client/Customer or Vendor/Company/Contracted group/ Mariachi Band/), you acknowledge that WE are not a product or service provider, Vendor/Company/Contracted group/ Mariachi Band, or an agent representative for any service group. We and the organization function act solely as a neutral avenue where Users may connect for particular types of service in order to make booking a Mariachi group simple and direct. We are not involved in or a party to the actual transaction between Users aside from providing the booking domain in which the user (customer) provides event information, budget, and deposit inorder for us to assist in locating a Mariachi Group that fits the needs of the user (customer) with the information provided. Once we have located a group that fits the needs with the information provided by the customer (customer must be sure all information is accurate and deems it true before submitting to us to start our services as this is part of our booking fee). Once we have confirmed availability with a potential contracted group we will then provide both parties (users) a link and information to the potential contract between the two users. It is at this time that our services as MariachiBand.com has been completed as we have provided our services of gathering information and a potential contracted group for the client, we are not involved in or a party to the actual transaction between the users and WE hold no liability for no transaction being made nor do we hold any liability for any issues that may arise after our services has been completed. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our platform or the accuracy of any Vendor/Company/Contracted group/ Mariachi Band listings. We have no control over the ability of Vendor/Company/Contracted group/ Mariachi Band to provide items or perform services or the ability of Member/Client/Customer to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Users. In the event of any disagreements, altercations, or related extremities, “WE” ,Best Mariachi Houston, hold no liability for any injuries or damages done as a result of these actions by either party. Cancellation on the part of the Mariachi band or above mentioned parties will take into agreement on both sides (both Member/Client/Customer and Vendor/Company/Contracted group/ Mariachi Band) in writing (can also be done electronically) and signed by both parties. Users, both Member/Client/Customer/ and Vendor/Company/Contracted group/ Mariachi Band), understand that the Member/Client/Customer or Vendor/Company/Contracted group/ Mariachi Band) have the right to cancel service as long as it is done so in writing 48 hours prior to services (for example but not limited to only documented forms of communication: text message/email) for cancellation. Both parties also understand that the deposit that was collected during booking is non-refundable to either party, even with cancellation, as this is required as a service charge for services completed on behalf of MariachiBand.com. 


 
3) Nondiscrimination Policy
 
We want all Users to feel welcome and included on our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). Accordingly, we prohibit discrimination against Users, guests, or Our Representatives (as defined below) based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). We will, at our discretion, take steps to enforce this policy, up to and including suspending from our services those Vendor/Company/Contracted group/ Mariachi Band and Member/Client/Customers who violate this policy. If you experience discrimination with any Member/Client/Customer or Vendor/Company/Contracted group/ Mariachi Band/Company, please contact support at MariachiBand.com.com, with the subject “Nondiscrimination Policy,” so we can investigate and take appropriate measures.
 
We reserve the right to suspend any User’s access to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) and cancel any Vendor/Company/Contracted group/ Mariachi Band that violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory or offensive comments on our properties and elsewhere or by taking actions that would tend to reflect poorly on us.We reserve the right to suspend or cancel access of "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) to any  Vendor/Company/Contracted group/ Mariachi Band that fails to meet our companies expectations and standards including but not limited to: poor reviews/ratings, customer complaints, lack of communication, and/or any other actions that deemed subpar by the organization. 
 

4) Accounts, Passwords and Security
 
To access certain features or areas of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you may be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). In addition, certain features of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) may only be available to our registered Users. To access those areas of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) you will be required to log in using your username and password. You are responsible for all activity occurring when the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) are accessed through your account, whether authorized by you or not.
Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
 

5) Privacy
 
Our Privacy Policy describes how we handle the information you provide to us when you use our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). You understand that through your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the processing and use by us and our affiliates. To the extent that you interact directly with a Vendor/Company/Contracted group/ Mariachi Band, you are subject to their Privacy Policy in connection with such interactions. Any agreements or conversations that occur outside of MariachiBand.com are not secure through our privacy policy and are NOT recommended.
 

6) Rules for All Users Using the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page)
 
You must comply with all applicable laws and contractual obligations when you use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). In using the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you also agree to abide by the rules outlined below.
 
All Users of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page)


We reserve the right to suspend any User’s access to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) and/or cancel the contract of any User that violates these rules.
 
As a User of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you expressly agree not to:
 
Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity;
Use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
Restrict or inhibit other Users from using and enjoying the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page);
“Harvest,” “scrape,” “stream catch” or collect information from the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) using an automated software tool (including but not limited to use of robots, spiders, or similar means), or manually on a mass basis (unless we have given you separate written permission to do so); This includes, for example, information about other Users of the "Online Services Platforms" and information about the offerings, products, and promotions available on or through the "Online Services Platforms" ;
Circumvent or reverse engineer the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or our systems or to gain unauthorized access to any areas of the "Online Services Platforms"), or any other systems or networks connected to the "Online Services Platforms" , or to any of the services offered on or through the "Online Services Platforms" that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or our systems or networks, or any systems or networks connected to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), including by “flooding” the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) with requests;
Use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) to gain competitive intelligence about us, the services, or any product offered via the "Online Services Platforms" or to otherwise complete with us or our affiliates, or use information on the "Online Services Platforms"  to create or sell a similar product or information;
Manipulate or forge identifiers to disguise the origin of any information posted on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or otherwise provided to us or our employees;
Use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) to promote spamming, chain letters, or other unsolicited communications; or
Engage in tactics, or direct or encourage others, to attempt to bypass the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual obligations, if any.
 

Vendor/Company/Contracted group/ Mariachi Band


We reserve the right to suspend any User’s access to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) and/or cancel the contract of any User that violates these rules.
 
If you are a Vendor/Company/Contracted group/ Mariachi Band, you and your organization members further expressly agree not to:
 
Include promotional text or endorsements of your company/group directly to clients obtained previously through our organization;
Discourage, either through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or otherwise, any Member/Client/Customer from hiring other Vendor/Company/Contracted group/ Mariachi Band/Company/ of the services; or
“Farm” out Member/Client/Customer leads (i.e., taking Member/Client/Customer leads provided to you and transferring them to others that are not Vendor/Company/Contracted group/ Mariachi Band).
Slander the company/organizations name or goods and services provided by “MariachiBand.com” 
Replicating any copyrighted material on this site in order to create your own platform for personal gains. All information and tools that are provided to users on this platform are protected and if copied or duplicated in any way will be subject to legal remedies.
Consume alcohol, narcotics, or any other illegal substances while on contracted jobs through our organization. 


If you are a Vendor/Company/Contracted group/ Mariachi Band, you and your organization members further expressly agree to:
 
We reserve the right to suspend any User’s access to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) and/or cancel the contract of any User that violates these rules.


Carry the group in a professional manner in all situations/scenarios. Be considerate of all performances.
Be on time to all performances and abide by the contracted times.
Have communication with the client if for some reason there is a slight delay in performance time.
Be well groomed, kept, and presentable.
Provide exceptional customer service to all customers.
All group members are to conduct themselves in a professional demeanor for all events and services. Ex: Refrain from using electronic devices during the time of services or having side conversations. 
   
 

7) Protection of Intellectual Property Content
 
Our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) contain copyrighted material, inventions, know-how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance” and “graphic function” of these "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), including but not limited to its color combinations, sounds, layouts, designs and functions.
 
You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including but not limited to: by email or other electronic means) any material from the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) provided unless explicitly authorized in these Terms. You may not frame or link to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) without our prior written permission.
 
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to, MariachiBand.com, MariachiBand.comWORLDWIDE, MB , MariachiBand.com, Book Mariachi’s Houston Direct . Unless otherwise agreed to in writing, you agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance, or non-performance of the Terms or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of the Terms and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation.
 
You shall not use or register any domain name, trademark, or service mark that is identical to or similar to any of the Marks utilized in this platform/organization/function.
 

8) Content Submitted by “Users”
 
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) may offer Users the opportunity to submit or post information to the "Online Services Platforms" , and to share information with other Users (solely in regards to potential jobs) through message boards/apps that provide messages in order to relay information/ calendars to post bookings, Vendor/Company/Contracted group/ Mariachi Band/ advertisements and listings, and other means. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information.
 
Any information submitted to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) through any means is “Submitted Content.”
 
By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services , and materials have been used in the Submitted Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein.
 
Users are solely responsible for their Submitted Content. We do not control the Submitted Content of Users. We are not a publisher of Submitted Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Submitted Content.


While utilizing these "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), Users are to be mindful that these platforms are for professional purposes only and those who post any content or information to these Online Service Platforms, should only post content that is strictly subjected to the topic of discussion “booking mariachi gigs” and to keep a professional and appropriate conversation with all stakeholders. 
 

9) Our License to Submitted Content
 
By posting Submitted Content to any part of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you automatically grant, and you represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Submitted Content for any purpose and in any format on or in connection with the services, our business, or the promotion thereof, to prepare derivative works of, or incorporate such Submitted Content into other works, and to grant and authorize sublicenses of the foregoing. Additionally, by providing Submitted Content, you authorize us to use the names, voices, photographs, likenesses, performances, and biographical data included in or associated with any Submitted Content in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein of your company. You acknowledge that we may retain archived copies of your Submitted Content and may continue to use your Submitted Content in connection with any materials that were created prior to your removal of your Submitted Content, in accordance with the license described above.
 
We always want to receive messages and feedback from our Users and welcome any comments regarding the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). Any ideas, suggestions, comments or proposals you send to us (collectively, “Submissions”) are entirely voluntary and we will be free to use such Submissions as we see fit and without any obligation or compensation to you.
 

10) Rules Regarding Submitting Content to Online Services Platforms
 
By using our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you agree not to post any Submitted Content that you know or should have known to be incorrect or not current.
 
You further agree not to post Submitted Content or take any action that:
 
May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal;
Is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, is sexually or otherwise harassing or menacing, humiliating to other people (publicly or otherwise), libelous, threatening, highly coercive, profane, or otherwise harmful to any Users or in any way violates the Nondiscrimination Policy set forth herein;
Creates liability for us in any manner whatsoever;
Violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct;
Scans or tests the vulnerability or security of our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page);
Contains your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person's personal information or otherwise invades another's privacy;
Contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law;
Contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or our systems and or create or impose a large burden or load on our "Online Services Platforms"  or systems; or
Infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right.
 
We reserve the right, but do not have the obligation to monitor, remove, or restrict any Submitted Content for any reason, including, without limitation, that your Submitted Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion.
 
You agree that any action or inaction by us or any of our directors, employees, consultants, partners, agents or representatives (collectively, our “Representatives”) to prevent, restrict, redress, or regulate Submitted Content, or to implement other enforcement measures against any Submitted Content, is undertaken voluntarily and in good faith. Our Representatives may moderate Submitted Content, conduct, and compliance with these Terms at our discretion but they do not have any authority to make binding commitments, promises or representations on our behalf.
 
You expressly agree that Our Representatives and anyone else authorized to act on our behalf shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any Submitted Content, conduct or potential or purported violation of the Terms.
 

11) Tools & Changes to "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page)
 
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) offers several tools to Users (collectively, “User Tools”), some of which are provided by third parties. We are not responsible for the availability, suitability or effectiveness of any of these User Tools, whether provided by a third party or not.
 
In order to optimize "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) operation, we are constantly testing and evolving the "Online Services Platforms" and the services offered on it. We reserve the right to modify or discontinue any User Tools or other service or features provided on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) at any time without warning. You agree that we may make such changes and reverse or modify them at any time, without notice.
 
We are not responsible for any data you lose as a result of a malfunction of the User Tools or the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or for any other reason or any consequential damages resulting from such data loss. You should always keep a back-up copy of all such information on your computer and in hard copy. This includes all platforms that will be utilized in booking Mariachi services through different calendar applications and service tools. As disclosed previously, you should always keep a back-up copy of all such information on your computer and in hard copy as we continue to build for the most effective User Tool.


Occasional service outages, downtime, or disruptions to functionality may occur that we do not or cannot control. If such outages, downtime, or disruptions occur, we will use commercially reasonable efforts to assist with restoring service as soon as possible to our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). We are not liable or responsible for damages or financial losses as a result of such outages.
 

12) Payments & Fees 
 
Payment to the contracted Vendor/Company/Mariachi Band (if not paid in full online the day of booking) is due in full before the presentation of the mariachi band is over to the Mariachi Manager. In the event the client/customer fails, neglects and/or refuses to pay the wages and/or other payments agreed upon herein and suit is commenced to recover the aforesaid or any part thereof, the client/customer shall be responsible for the attorney fees, court costs, and expenses incurred in recovery of the sums due. The client should agree with these conditions: Cancellation can and only will be effective if the client notifies the Mariachi group directly in writing (for example but not limited to only documented forms of communication: text message/email) 48 hours prior to services. If the client fails to cancel in appropriate timing the client is responsible and will pay the total amount due previously agreed upon on contract. Deposit is non-refundable once booking has been completed even with agreed cancelation.*Note that any refunds of payments or processing errors that occur after booking services from MariachiBand.com will not have a reimbursement of the deposit (fee) for utilizing the booking domain services as this is a fee incorporated in the deposit to use the domain as a service to search/book a contracted group directly. If a contracted group , willingly or in error, refunds the total amount including this deposit fee, you acknowledge that MariachiBand.com will not be liable nor responsible for any  portion of the refund to you nor the customer of this fee. 
 


For Users there are no minimum fees for Users to join our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). 
 
Member/Client/Customers: The current fee for member/client/customer is embedded within the booking rate of the contracted Mariachi group. This fee is required as part of the deposit due when booking the services of the contracted Vendor/Company/Mariachi Band. This deposit (fee) is non-refundable as it is a form of a fee from the member/client/customer just as from the contracted Vendor/Company/Mariachi Band to MariachiBand.com for their services in locating and providing a domain in which to easily book direct a Mariachi group. 
Your credit card will not be charged unless and until you agree to use that fee-based service and/or to incur a charge with us at the time of booking when the deposit (fee) is required to move forward in your booking services. The deposit (fee) and timing of payments for the fee-based service will be described separately as part of the applicable fee-based service on the terms and conditions page prior to payment selection. *Note that any refunds of payments or processing errors that occur after booking services from MariachiBand.com will not have a reimbursement of the deposit (fee) for utilizing the booking domain services as this is a fee incorporated in the deposit to use the domain as a service to search/book a contracted group directly. If a contracted group , willingly or in error, refunds the total amount including this deposit fee, the contracted group acknowledges that MariachiBand.com will not be liable nor responsible for any  portion of the refund to you nor the customer of this fee. 


 


 
Cash Gifting/Credit Card Payment. In addition to and without limiting anything contained herein or in the Privacy Policy, if you use any cash gifting/credit card payment feature or similar product or service (each, a “Cash Gifting Service/ Credit Card Payment”), you agree to the following when making payments online for deposit (fee) or paying the entire balance in full:
 
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) provide links and interfaces to third-party payment processors such as Credit Card Payments  (“Payment Processors”) that may permit Users (e.g., Clients/Customers) to send funds to other Users (e.g., contracted Mariachi group/ MariachiBand.com) . You acknowledge that while we provide links to such Payment Processors, we do not control and are not responsible for payments made or received through such Payment Any use of Payment Processor services by you: (i) may be subject to the fees set by the Payment Processor, (ii) is at your own risk, (iii) is subject to your agreement that we are not responsible for any fund transfers or anything else arising from or related to the services provided by a Payment Processor or third-party, and (iv) is subject to these Terms. Any use of such Cash Gifting Service/ Credit Card Payment options may also be subject to the User’s acceptance of any additional terms and conditions disclosed by us or otherwise provided by any third-party (including a Payment Processor).
Users acknowledge that they are submitting payment directly to the Beneficiary (ex: Mariachi group/ MariachiBand.com)  (via a third-party payment service or any other payment method) and therefore we are not responsible for lost payments, identity theft, fraud, or refunds.
In order for a Beneficiary (ex: Mariachi group/ MariachiBand.com) to receive cash or other payment from a User, the Beneficiary (ex: Mariachi group/ MariachiBand.com)  will be required to link to their payment account with a third-party payment In addition, each User (client/customer)  will complete every form, document, and online entry field in connection with a Cash Gifting Service/ Credit Card Payment option and represents and warrants that all such information provided therein will be true, correct, and complete.
The Cash Gifting Service/ Credit Card Payment option is a feature offered as a convenience to Without limiting any other rights we have set forth herein we reserve the right to suspend, terminate, freeze or close any account in accordance with the terms of the section ‘Suspension or Termination of Access’ below. Accounts may be frozen at the sole discretion of us or the third-party service provider until a review has been conducted and the validity of the account is confirmed.
 

Vendor/Company/Contracted group/ Mariachi Band:


Vendor/Company/Contracted group/ Mariachi Band with valid service accounts may opt into additional paid services (“Premium services). Such Premium services will be subject to additional terms.
 
We may add new "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) services for additional fees and charges, or add or amend fees and charges for existing "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), at any time in our sole discretion. In order to optimize the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), we are constantly testing new initiatives and product offerings and may change the operation of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), including the order and manner in which advertisements appear on it, the way that services are delivered, and the way that new customers are charged for services. You agree that we may test, implement, remove or modify features on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) at any time without notice.
 
Payments for Fee-based Programs. If you opt-in to a fee-based program, you irrevocably and expressly authorize us to debit or credit, as applicable, any monies to the account that you have identified. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below and we may suspend or terminate your access to any such fee-based program upon any payment default.
 
You irrevocably and expressly authorize us to withhold any monies and/or debit any monies from any account that you have identified for any charge backs, fees, costs, deductions, adjustments, and any other amounts owed to us. We reserve our rights to all actions and remedies in connection with any monies owed to us. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
 
Billing Policies. You are responsible for paying any and all applicable fees as set forth in any agreement entered into (i) through the services (including for any mobile application or goods or services provided by a Vendor/Company/Contracted group/ Mariachi Band to a Member/Client/Customer (a “User Provided Service”) or (ii) by clicking through to another digital property or mobile application that requires payment, and applicable taxes associated with the services in a timely manner with a valid payment method. Unless we state in writing otherwise, all fees and charges are nonrefundable and all fees are quoted in U.S. Dollars. All payments must be made by the methods specified within the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the service using your user name and password without your authorization, you must contact MariachiBand.comdirectly.
 
Unpaid Fees. If, for any reason, any fees you owe us have not been received or in any manner realized by us (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. In addition, we may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Users will first be applied to the most recent fees owed to us, including interest. We reserve the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.


 
Correcting Mistakes in Payments to Vendor/Company/Contracted group/ Mariachi Band and Member/Client/Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement. Users (clients/customers)  will look solely to other Users (including Vendor/Company/Contracted group/ Mariachi Band) to resolve any payment errors made by such User, and we will have no liability for such errors. Any issues in regards to payments and/or refunds will be between the Users (Vendor/Company/Contracted group/ Mariachi Band and Member/Client/Customers) of the "Online Services Platforms" (for example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). *Note that any refunds of payments or processing errors that occur after booking services from MariachiBand.com will not have a reimbursement of the deposit (fee) for utilizing the booking domain services as this is a fee incorporated in the deposit to use the domain as a service to search/book a contracted group directly. If a contracted group , willingly or in error, refunds the total amount including this deposit fee, you acknowledge that MariachiBand.com will not be liable nor responsible for any  portion of the refund to you nor the customer of this fee. 


Payment and Third-Party Payment Processors. Purchases made through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) (including for any User Provided Service) may be processed through a third-party payment processor or other payment service provider (each, a “Payment Processor”). If applicable, you may be provided a notice when entering your payment information directing you to such Payment Processor’s terms of use and privacy policy. All payments are governed by the Payment Processor’s terms of use and privacy policy.
 
Parties Relationship. The applicable contracted Mariachi group, and not us, is responsible for delivering any purchased goods or providing any services. If you, as a User (Customer) , choose to enter into a transaction with another User (Mariachi Group), you agree and understand that you will be required to enter into an agreement with such User (Customer) and agree to any terms or conditions which may be imposed by such User (Mariachi Group) . As a User (Mariachi Group), you acknowledge and agree that you, and not us, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in the Terms.
 
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or any services contained therein (including for any Vendor/Company/Contracted group/ Mariachi Band/Company), including, but not limited to, sales, use or value-added taxes. To the extent we are obligated to collect such taxes, the applicable tax will be added to your billing account. All contracted Mariachi groups are considered self-contracted and not employees of MariachiBand.com, Therefore, all Mariachi groups are responsible for all receipts and tax information for their group members. MariachiBand.com, does not employ any groups and will not provide them with any tax 1099 documents  as members are contracted by their own Mariachi business groups. MariachiBand.com is solely responsible for documenting/collecting tax information and payments for the fees obtained for our services directly through our booking platform fees.
 
Authorization; Payment Processing. You expressly authorize us to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the services; provided, however, that such notice will not affect charges submitted before we could reasonably act. The Vendor/Company/Contracted group/ Mariachi Band shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees in relation to membership fees.
 
Automatic Member/Client/Customership Renewal (“Auto-Renew”). If you are a Vendor/Company/Contracted group/ Mariachi Band/ and you enter into a Terms of Purchase (TOP) / Terms of Sale (TOS) agreement with us, any terms in those TOP /TOS documents relating to automatic renewal or the explicit lack thereof, will prevail. Absent such terms, Vendor/Company/Contracted group/ Mariachi Band may renew automatically for successive periods. Without limiting the foregoing, if you sign up, upgrade, or renew your Member, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new Member term and during the Member term. To avoid having fees billed for the renewal term to your selected payment method, you must cancel your subscription before it renews as indicated in the applicable terms or agreement. You may cancel your Member by contacting us at MariachiBand.com. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the Member period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled Member expiration date. Renewal pricing terms are subject to change, with notice, prior to the beginning of the next billing period.
 

13) Text Messaging
By using the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you agree that we and those acting on our behalf may, in certain circumstances, send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the service, confirming your booking, relaying important booking information, as well as marketing or other promotional messages. You may not be able to use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) without agreeing to receive operational text messages. Users of the service platform may also send you text messages through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
 
You may opt-out of receiving marketing text messages at any time by texting STOP to any text message from us or sending an email to MariachiBand.com.com, indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from us, do not use the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the service. Carriers, text messaging platforms, and MariachiBand.com and its Representatives are not liable for delayed or undelivered messages. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details.
 

14) E-SIGN Disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. As indicated in “Users Tools'' we are ongoing with using and changing platforms that make it easily accessible for our users to be able to E-SIGN documents and contracts to send each other in a safe and secure way. In an ongoing effort to make this process the easiest for all Users, WE establish the right to switch these platforms and “User Tools” with little to no notice with no liability for lost data or documents. If platforms for E-SIGN are to be changed on our behalf, users must ensure they fully read the terms and conditions set by the third party platform prior to usage. As stated with Users Tools, we are not responsible for any lost information that may occur when switching platforms or applications, so we strongly encourage and suggest that users keep a copy of all documents that have been E-SIGNED for your records. You may withdraw your consent to the use of the electronic record by sending a message to MariachiBand.com.com. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. We are not responsible for any data you lose as a result of a malfunction of the User Tools or the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page, or E-SIGN platforms) or for any other reason or any consequential damages resulting from such data loss. You should always keep a back-up copy of all such information for your own personal records on your computer/electronic device and a hard copy.
 
 

15) Disclaimers of Warranties
 
THE SERVICES ARE PROVIDED FOR ENTERTAINMENT, AND PROMOTIONAL PURPOSES ONLY. MARIACHIBAND.COM AND ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, CONSULTANTS, PARTNERS, AGENTS, OTHER OF OUR REPRESENTATIVES, OR CONTENT OR SERVICE PROVIDERS (THE “LIMITED PARTIES”) IS NOT ITSELF A PROVIDER OF HEALTH CARE OR TELEHEALTH "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), AND THE SERVICES ARE NOT INTENDED TO, AND DO NOT CONSTITUTE COUNSELING OR THERAPY OR HEALTH, MEDICAL, OR LEGAL ADVICE. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO TRANSACTIONS OR INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT ANY Vendor/Company/Contracted group/ Mariachi Band IS LICENSED, QUALIFIED, INSURED OR CAPABLE OF PERFORMING ANY PRODUCT OR SERVICE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE EXPERTISE, PROFESSIONAL QUALIFICATIONS, OR QUALITY OF WORK OF ANY Vendor/Company/Contracted group/ Mariachi Band , OR THE SUITABILITY, RELIABILITY OR ACCURACY OF THE PRODUCTS AND SERVICES THEY PROVIDE. WE PROVIDE THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), INCLUDING, WITHOUT LIMITATION, ANY CONTENT PROVIDED, DISPLAYED, OR GENERATED THROUGH THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), OR ANY BOOKING SERVICES VIA THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
 
THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) WILL BE AVAILABLE AT ANY PARTICULAR TIME,
THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
THE INFORMATION ON THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) WILL BE ACCURATE OR UP TO DATE,
THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORIZED ACCESS,
INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
 
ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WHILE WE MAKE EVERY EFFORT TO GUARANTEE AVAILABILITY, PRICE, AND QUALITY OF BOOKING SERVICES BY US THROUGH THE "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), UNFORESEEN CIRCUMSTANCES MAY WARRANT MODIFICATIONS AT ANY TIME, AND PRODUCTS AND SERVICES MAY VARY SLIGHTLY IN GROUPS AND TIMING.
 

16) Limited Liability
 
IN NO EVENT SHALL WE OR ANY OF THE LIMITED PARTIES (AS DEFINED ABOVE), BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE THE BOOKING SERVICES PROVIDES THROUGHT "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF THE LIMITED PARTIES (AS DEFINED ABOVE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
 
You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to booking services offered through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) by Users that are not provided by us and are specifically and solely between the Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.
 
You agree to release the Limited Parties from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and other users of the booking domain along with any third parties or in any way related to goods, services, or events involving third parties.
 
FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF THE COMPANY.
 

17) Indemnity
 
You agree to indemnify, defend, and hold us and the Limited Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), including but not limited to (i) your advertising, provision of or failure to pay for goods or services  promoted on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page); (ii) claims that any of your Submitted Content includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party or (iii) your breach of these Terms, or applicable law, by your or by someone accessing the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. These indemnification, defense, and hold harmless obligations will survive these Terms and the termination of your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
 

18) Suspension or Termination of Access and Remedies
 
We have the right to deny access to, and to suspend or terminate your access to, the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), or to any features or portions of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), and to remove and discard any content or materials you have submitted to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), at any time and for any reason or for no reason and without notice to you.
Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Member/Client/Customers; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member/Client/Customer.
 
In the event that we suspend or terminate your access to and/or use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. In the event we suspend or terminate your account or the Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account or for anything else, unless applicable terms provide otherwise.
 
If you are a Vendor/Company/Contracted group/ Mariachi Band, after your relationship with us is terminated for any reason, we shall be entitled to retain and display all reviews associated with you on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) as well as basic directory information, including, without limitation, business name, mailing address, website address and telephone number.
 
Remedies for use of our service that violate the Terms include, but are not limited to, the immediate termination of your Member/Client/Customership, notifying our Users of your actions, issuing a warning (including a public warning), temporarily suspending your Member/Client/Customership, monetary compensation, and injunctive relief.
 

19) Governing Law; Venue and Jurisdiction
 
By using the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), you agree that the laws of the State of Texas, without regard to principles of conflict of laws of any state or jurisdiction, will govern the Terms and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.
 

20) MANDATORY ARBITRATION AND CLASS ACTION WAIVER
 
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
 
Application. You and we agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver” is intended to be interpreted broadly and governs any and all disputes between you and us. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of certain intellectual property and small court claims, as provided in the subsection entitled “Exception” below.
 
Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us at support@MariachiBand.com or MariachiBand.com. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
 
Binding Arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below.
Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) shall be finally settled by binding arbitration administered by JAMS Houston Resolution Center
in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those effect at the time the arbitration is initiated (not the Last Modified date of these Terms), excluding any rules or procedures governing or permitting class actions.
 
Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
 
Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at TLoscalzo@jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 609 Main Street
Suite 3930 Houston, TX 77002; and (iii) Send one copy of the Demand for Arbitration to us at: MariachiBand.com_________________ 
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, you will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, you will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
 
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration, purposes of these terms and conditions do state JAMS Houston Location. For individuals residing outside the United States, arbitration shall be initiated in Houston, United States, and you and us agree to submit to the personal jurisdiction of any federal or state court in Texas in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
 
Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS Member/Client/Customer IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
 
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
 
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to MariachiBand.comInc. Attn: or MariachiBand.com . Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) the Effective Date of these Terms; or (ii) your first date that you used the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) that contained any versions of the Terms that included this version of the Mandatory Arbitration and Class Action Waiver, whichever is later.
Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver.” If you opt out of these arbitration provisions, we also will not be bound by them.
 
Changes to This Section. We will provide thirty (30) days' notice of any material changes to this section by posting notice on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
 
If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
 
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
 

21) Claims of Copyright Infringement — DMCA Notice
 
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) infringe your copyright, you may request removal of those materials from the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) by submitting written notification to our Copyright Agent (designated below).
 
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:
 
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
 
Completed notices should be sent by email to: MariachiBand.com@gmail.com or by mail at: MariachiBand.comWorldwide Inc., Attn: 
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
 
If you believe that material you posted on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
 
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) may be found) and that you will accept service from the person (or an agent of that person) who provided the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) with the complaint at issue.
 
Completed Counter-Notices should be sent by email to: MariachiBand.com@gmail.com or by mail to:
MariachiBand.com. Attn: Legal Department,  
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. If you knowingly materially misrepresent that material or activity on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
 

22) Linked Websites
 
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only. You access such links at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them. We are not responsible for the availability or accuracy of the content on such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked website.
 

23) The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) Do Not Provide Medical Advice
 
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) are not intended to provide instructions in the event of an If you believe you may have a medical emergency, call 911 or your local emergency medical system immediately.
The "Online Services Platforms'' (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) are not an attempt to practice medicine or provide specific medical advice, nor does the use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) constitute the provision of treatment to a user or establish a doctor-patient For medical treatment or answers to personal questions, we strongly encourage you to consult with a qualified healthcare provider. For advice about your own care, please consult with your doctor.
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) are for your own general, personal, and booking services should not be used as a substitute for a visit with, or the diagnosis or treatment by, a qualified healthcare provider.
Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) is at your sole discretion and Do not delay or forgo seeking medical care from a health care provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
The "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) are not intended to provide a substitute for your own sound and reasonably prudent judgment, and are not intended to be for diagnosis or Persons using the service assume full responsibility for the use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), materials and other information provided, and agree that MariachiBand.com, and its Representatives are not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) obtained or used by you is solely at your own risk except as provided by law.
 

24) General Provisions
 
Statute of Limitations. You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to the use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), or these Terms, must be filed by you within one (1) year after such claim or cause of action accrued or be permanently barred.
Section Headings. The section headings used herein are for convenience only and shall not be given any legal import.
Changes. We retain the right to revise our "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
No Agency. You hereby agree and acknowledge that your provision of service and/or your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate us in any manner whatsoever.
Electronic Communications. The communications between you and us via the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) use electronic means, whether you visit the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or send us an email, or whether we post notices on the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you 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 it were in writing. The foregoing does not affect your non-waivable rights.
No Third-Party Beneficiaries. The Terms are not intended to benefit any third party, and do not create any third-party Accordingly, the Terms may only be invoked or enforced by you or us.
No Assignment. The Terms are personal to you and you may not assign them to anyone.
No Modification by Trade Usage/Prior Course of Dealing. The Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms.
Failure to Enforce. Our failure to enforce at any time any of the provisions of the Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Unenforceability. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Prevailing Terms. To the extent of any conflict between the Terms in the Terms and any other document made a part of the Terms by its express terms, the Terms of the Terms shall prevail except as otherwise stated in the Terms or when the other document specifically states that it shall prevail.
Entire Agreement. These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), constitute the entire agreement between us and you with respect to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
 
Additional Terms Specific to MariachiBand.com:
These additional terms are applicable to the MariachiBand.com.com Web and mobile Web pages, and any of our MariachiBand.com properties (“MariachiBand.com”):
 

25) Rules of Conduct
 
In addition to the rules specified above, there are additional rules of conduct that all Users of MariachiBand.comare required to follow. Specifically, you agree not to:
 
engage in any tactics, or direct or encourage others to engage in any tactics that attempt to circumvent the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), MariachiBand.commarketplace or MariachiBand.comsystems to book events or make reservations outside of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page), the MariachiBand.commarketplace or MariachiBand.comsystems, including any tactics that are designed to avoid paying required fees to MariachiBand.com(“Circumventing Tactics”);
contact a Member/Client/Customer or potential client with an offer or suggestion to book an event listed on MariachiBand.com(i.e., has an assigned MariachiBand.comGig ID number) outside of MariachiBand.com;
interfere with the booking of a Vendor/Company/Contracted group/ Mariachi Band of MariachiBand.com;
contact a client of MariachiBand.comin an open or completed event to warn them away from hiring a Vendor/Company/Contracted group/ Mariachi Band of MariachiBand.com;
if you are a Vendor/Company/Contracted group/ Mariachi Band, discourage clients from hiring other MariachiBand.comVendor/Company/Contracted group/;
discourage and/or prevent clients of MariachiBand.comfrom booking your service through MariachiBand.com;
if you are a Vendor/Company/Contracted group/ Mariachi Band/Company, ‘farm’ out client leads (i.e., taking client leads provided to them and transferring these client leads to non-MariachiBand.comVendor/Company and entities or outside the MariachiBand.com"Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) in any way).
if you are a Vendor/Company/Contracted group/ Mariachi Band/Company, utilize client leads sent to other MariachiBand.comVendor/Company/Contracted group/ Mariachi Band or Member/Client/Customers but not sent to you.
 

26) Payments
 
Billing Policies. You are responsible for paying any and all applicable fees (including subscription fees) as set forth on Pricing and Payment Terms of MariachiBand.comat www.mariachiband.com in any agreement entered into (i) through the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) (including for any mobile application or goods or services provided by a User to another User (a “User Provided Service”)) or (ii) by clicking through to another digital property or mobile application (including through the Apple App Store) that requires payment; as well as applicable taxes associated with the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) in a timely manner with a valid payment method.
 
Chargebacks. It is the responsibility of the Vendor/Company/Contracted group/ Mariachi Band/Company to issue any refunds to Users via the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) and Users should direct all refund requests to the applicable Vendor/Company/Contracted group/ Mariachi Band/Company. MariachiBand.comwill not be responsible or liable in any way for refunds or errors in issuing refunds in connection with your use of the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page). Users shall only initiate chargebacks or request refunds in situations where a User has a good faith belief that the charged amount is incorrect, the charge was fraudulent or there was some other error with the billed amount (“Valid Chargeback Request”). If you violate the foregoing, MariachiBand.comreserves the right to pursue all remedies available to it, including suspension of your access to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page).
 
Fees. When an event is booked by a Client who finds a Vendor/Company/Contracted group/ Mariachi Band on MariachiBand.com collects a fee, as set forth on our pricing and payment page at www.mariachiband.com or disclosed to you at your time of registration or at the time the event is booked by the Vendor/Company/Contracted group/ Mariachi Band and Client. Should the Vendor/Company/Contracted group/ Mariachi Band not perform at the event, the fee will not be refunded, as this fee is a form of payment to MariachiBand.com for their service of utilizing the domain for booking Mariachi groups directly.
 

27) Suspension or Termination of Access
 
In addition to the reasons already specified in these Terms, MariachiBand.commay temporarily suspend or permanently Terminate your Member/Client/Customership and/or deactivate the access of a Vendor/Company/Contracted group/ Mariachi Band of Member/Client/Customer of MariachiBand.com to the "Online Services Platforms" (For example, but not limited to, social media platforms, messaging applications, forms of communication, booking services page) if it takes any of the following actions, including, but not limited to: (a) engaging in any Circumventing Tactics or otherwise violating these Terms; (b) failing to reply to gig-alert or other emails in a timely fashion, (c) falsifying events, client information, reviews, or artificially inflating ratings or event totals, (d) failing to arrive or perform (being a "no-show") for an event or canceling an event and failing to return the client's deposit or balance payment for said no-show or cancellation, (e) posting contact information (e.g., website URL links and addresses, email links and addresses and telephone numbers) on the Member/Client/Customer or Vendor/Company/Contracted group/ Mariachi Band/Company profile; or (f) similar actions designed to violate the Terms.
 
Contact Information for Specific Properties
 

28) Contact Us
 
If you have any questions or comments regarding these Terms, you can contact us at http:www.MariachiBand.com. If you have questions about a particular issue in regards to our domain, you can also contact us using the property-specific contact information as follows:

 

 
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