1. Purpose

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

2. Eligibility

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

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

b. You are 16 or older;

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

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

3. Access

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

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

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

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

4. Acceptable Use Policy

By using the Services, you agree that: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

q. You will not use any part of the Services to develop any artificial intelligence (or similar) models or algorithms, unless you receive our express consent.

5. Information on our Services

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

6. User Submissions and Content

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

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

7. Intellectual Property Ownership

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

8. Privacy

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

9. Third-Party Interactions

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

10. Indemnification

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

11. Disclaimer of Warranties

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

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

12. Limitation of Liability

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

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

13. Dispute Resolution

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

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

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

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

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

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

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

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

g. Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against SAMBAZON, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with SAMBAZON and the arbitration provider to implement such a batch approach to resolution and fees.

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

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

14. Exclusive Venue

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

15. SMS and Text Message Marketing

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

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

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

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

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

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

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

16. Rewards Programs

SAMBAZON offers programs, benefits, free products, discounts, and other incentives to consumers (our “Rewards Program(s)”). Examples of these programs include the SAMBAZON Rewards, the Berry Good Rewards, surveys, limited-time promotions, sweepstakes, discounts on products or services, and more.

When you enroll in or enjoy the benefits of a Rewards Program or otherwise indicate affirmative assent to a Rewards Program’s terms, this section and the respective subsections shall apply.

You agree to use the Rewards Programs in accordance with this Agreement and all applicable laws and regulations. SAMBAZON may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to a Rewards Program, users, us, our brand, or any other person or entity, or that violates this Agreement and/or applicable law.

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

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

SAMBAZON may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to a Rewards Program or any portion thereof; (2) change, revise, or modify a Rewards Program or any portion thereof; (3) interrupt the operation of a Rewards Program or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to a Rewards Program; and/or (5) terminate the authorization, rights, and license associated with a Rewards Program. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Rewards Program.

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

Membership Cancellation. You may cancel your membership in a Rewards Program at any time by contacting us. If your membership is canceled (either by you or by SAMBAZON), you will forfeit any remaining Points.

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

Publicity. Except where prohibited, participation in a Rewards Program constitutes your consent to SAMBAZON’s use of your name, likeness, User Content, photographs, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

A. SAMBAZON Rewards

How to Participate. To join SAMBAZON Rewards, you must download the SAMBAZON Rewards app from the iOS App or Google Play store. Once the app has been downloaded, you can create an account or log in to your existing account.

How to Receive Rewards Points and Other Special Offers.

1. Make Qualifying Purchases. When you purchase qualifying items through the SAMBAZON app or online store, you will earn rewards points (“Points”) that can be redeemed for rewards (“Rewards”). The rate at which you earn Points can be found at any time in our SAMBAZON Rewards FAQs or within the app itself.
2. Birthday Offers. We may offer you the opportunity to receive Points upon or around your birthday.
3. Sign-up Offers. We may provide you with a sign-up bonus of Points upon creating a SAMBAZON Rewards account.
4. Limited Time Offers. From time to time, SAMBAZON may offer additional limited time opportunities to acquire Points. The details regarding such limited time offers shall be published within the SAMBAZON Rewards app or at the associated page detailing the limited time offer.
5. Referrals. You may earn Points for each individual who joins SAMBAZON Rewards when they use your invite code and register their first loyalty purchase.

Rewards Points. Once you have accumulated enough Points, you can log into your SAMBAZON Rewards account to redeem those Points for Rewards. Offers may include discounts on food, free items, and more. You can find the full list of Rewards within the SAMBAZON Rewards application.

Points will expire 365 days after you earn them if you have not redeemed them.

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

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

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

Release. By redeeming Points, you agree to release and hold harmless SAMBAZON and our respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents from and against any claim or cause of action, including but not limited to personal injury, death, or damage to or loss of property, arising out of participation in SAMBAZON Rewards or receipt, use, or misuse of any Points or Rewards.

B. Berry Good Rewards

How to Participate. To join Berry Good Rewards, you must sign up online at sambazon.com/rewards and create an account.

How to Receive Rewards Points and Other Special Offers.

1. Make Qualifying Purchases. When you purchase qualifying items at a participating location, you can then upload a photo of your receipt into the Berry Good Rewards program. The program will provide you with Points based on the amount spent on participating products. The rate of earning Points can be found at the Berry Good Rewards FAQs. Purchases made online or in-person at participating locations should qualify for Points. Receipts must be uploaded within 14 days of purchase to qualify for Points.
2. Birthday Offers. We may offer you the opportunity to receive Points upon or around your birthday.
3. Sign-up Offers. We may provide you with a sign-up bonus of Points upon creating a Berry Good Rewards account.
4. Limited Time Offers. From time to time, SAMBAZON may offer additional limited time opportunities to acquire Points. The details regarding such limited time offers shall be published within the Berry Good Rewards app or at the associated page detailing the limited time offer.
5. Challenges and Activities. Beyond grocery purchases, you can earn Points by completing fun activities and challenges like subscribing to email or text messages, following us on social, writing a review, or completing your profile. Check the Berry Good Rewards application for all available ways to earn Points.

Rewards Points. Once you have accumulated enough Points, you can log into your Berry Good Rewards account to redeem those Points for Rewards. Offers may include branded merchandise, access to VIP events, charity donations, and more. You can find the full list of Rewards within the Berry Good Rewards application.

Points follow a rolling twelve-month expiration. This means each time you earn or redeem points, the twelve-month clock resets. If there’s no points activity (earning or redeeming) in your Berry Good Rewards account for twelve consecutive months, any unused Points may expire.

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

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

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

Release. By redeeming Points, you agree to release and hold harmless SAMBAZON and our respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and offer suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents from and against any claim or cause of action, including but not limited to personal injury, death, or damage to or loss of property, arising out of participation in Berry Good Rewards or receipt, use, or misuse of any Points or Rewards.

17. Termination

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

18. General

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

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

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

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

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

19. California Electronic Commerce Disclosure to Consumers

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

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

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

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

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

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

20. Contact Information

Phone: 1-877-726-2296

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