This website is owned, managed and operated by Cold Cocktails, LLC and Mabel's on Main, LLC ("Mabel's"). By accessing this website, you agree to be bound by these General Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site.
Mabel's on Main memberships are by referral only. Members accessing this website may be required to provide membership information to access members only areas. For more information regarding the rights and privileges of membership, click here.
The products and services offered on or through this Site (including products and services ordered or purchased through this Site from any Vendor or participating business) are subject to availability of inventory, quantity, description and prior sale. MABEL'S does not guaranty that products offered on or through the Site are or will be in stock or immediately available from a manufacturer or supplier at the time of purchase.
You warrant and represent that through or as a result of the rights and access authorization provided by MABEL'S, and/or related to MABEL'S's vendors, marketing partners, or other members you will not use any computer, server, digital or electronic equipment or devise, computer program or software, digital signal, digital message or communication process, website, server, or the Internet to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree to not interfere with the servers or networks connected to MABEL'S or to disobey any requirements, procedures, policies or regulations of networks connected to MABEL'S. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, MABEL'S RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
You acknowledge and agree that technical processing and transmission by or to MABEL'S, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Access to this Site and the availability of services, materials or documents from the Site is subject interruption of access to the Internet caused by technical failures, or issues which may include interruptions beyond our control, such as your Internet access, technical failures associated with your computer, or weather/power related outages. To the extent the interruption is caused by issues within our control, we agree to re-establish access to the Site in a timely fashion, or, in our sole and absolute discretion, to terminate your service and refund any unused portion of your current, monthly subscription fee. The monthly subscription fee for access to the Site is subject to change by MABEL'S without notice.
MABEL'S and/or its business partners may present advertisements or promotional materials on or through the Site. Your participation in any promotion, as well as your purchase of any product or service described in such advertisements or promotional materials, whether or not any such promotion or offer is linked or available through the Site, are subject to those terms and conditions contained or referenced within the promotional materials, web page, or website associated with such offer or promotion. Your participation in other promotions on or through the Site or Service is not required by the terms of this Agreement, but is subject to any terms and conditions stated in connection with such offer or promotion. You agree that MABEL'S shall not be held responsible or liable for any loss of damage arising out of any other offer or promotion, and these Terms and Conditions of Use shall apply only between you and MABEL'S with respect to your online access to the information posted on this Site.
You consent to receive communications from MABEL'S electronically, either by e-mail, SMS, MMS, or by notices posted on this site, as determined by MABEL'S in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by MABEL'S in writing is satisfied by such electronic communication. You agree that MABEL'S may send you e-mails, which include notices about your account as well as information pertaining to membership events, food and/or drink specials, and other products or new offerings. You agree that this information is part of your membership and your relationship with MABEL'S.
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Site.
MABEL'S may at any time, and at their sole discretion, modify these Terms and Conditions of Use, with or without notice. Amendments or modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use.
This Site may contain links to or references to third party Sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other Sites or otherwise made available through their Sites are solely those of such third parties and not of MABEL'S or its Vendor. Your use of such third party Sites is subject to the terms and conditions of use and the privacy policies of such Sites.
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, games, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of MABEL'S or its licensors and are protected by copyright, trademark and other intellectual property laws. Mabel's on Main name, logo, business and marketing methods, web designs, graphics and related trade dress or marks (collectively the "Materials") are the intellectual property of MABEL'S and/or its licensors. All rights reserved. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part Site) without express prior written consent of MABEL'S. Use of Materials is only permitted with the express written permission of MABEL'S and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. This Section will survive the termination of your right to use this Site.
IN NO EVENT SHALL MABEL'S, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT MABEL'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
MABEL'S MAKES NO WARRANTY THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED. MABEL'S ASSUMES NO RESPONSIBILITY FOR (1) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (2) FAILURE OF ANY E-MAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, MABEL'S SITES, OR ANY COMBINATION THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MABEL'S SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR COMPUTER AND/OR ANY OTHER COMPUTERS OR COMPUTER EQUIPMENT AS THE RESULT OF DOWNLOADING ANY MATERIALS RELATING TO THIS SITE.
You agree to indemnify and hold harmless MABEL'S and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.