Effective Date: February 24, 2022

Your use of the websites on which these terms reside (collectively, the “Site”) the features at this Site and the services we provide via the Site, applications, and other products and other services offered by us (collectively, the “Services”), and are subject to these Terms of Use, along with our Privacy Policy, Copyright & Trademark Policy, Shop Policy and any other terms and conditions referenced on our website(s) or within these Terms of Use and related policies (collectively, “Terms”), which we may update from time to time.  Please read these Terms of Use carefully before using this Site.  The Site is owned or controlled by Mamba & Mambacita Sports Foundation (“Foundation”).  This Site is intended for and applicable only for residents of the United States, age 18 or older.  If you are from another jurisdiction or under 18 years of age, you may not use this Site.  

If you are under 18 years of age, or the age of majority in your location, you may use the Service only with involvement of a parent or guardian. You represent you are the age of majority in your jurisdiction of residence or you are using the registered account or device of your parent or guardian with permission and involvement. You agree to be responsible for any person you permit to use your account or device to access the Services and represent that you have the authority to bind them to the Terms. You will ensure they comply with and do not dispute the application of these Terms to them, and will indemnify and hold us harmless from and against any claims related to the use of the Service on your device or use of your account by any other person.

BY USING, ACCESSING, DOWNLOADING, OR LICENSING THE SERVICES, YOU AGREE TO BE BOUND BY THE CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, BINDING ARBITRATION ON A NON-CLASS BASIS, WAIVER OF A RIGHT TO A JURY TRIAL, DAMAGE AND REMEDY EXCLUSIONS AND LIMITS, AND A CHOICE OF CALIFORNIA LAW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE, ACCESS, OR LICENSE THE SERVICES. 

From time to time we may update this Site and these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  Foundation may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Foundation will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

YOU MAY NOT USE THE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.  YOUR ACCESS TO THE SERVICES MAY BE TERMINATED IMMEDIATELY IN FOUNDATION’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Foundation Content

Content on this Site that is provided by Foundation or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (collectively, the “Foundation Content”) is the property of Foundation or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. 

You agree not to download, display, or use any Foundation Content located on the Site for use in any publications, in public performances, on websites other than this Site, for any other commercial purpose, in connection with products or services that are not those of Foundation, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Foundation and/or its licensors, that dilutes the strength of Foundation’s or its licensor’s property, or that otherwise infringes Foundation’s or its licensors’ intellectual property rights.  You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.

We respect intellectual property rights.  If you believe that the Content or the use of the Services infringes your copyright, please follow our procedures for making a copyright infringement claim outlined in our Copyright & Trademark Policy.

Donations

In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to Foundation. By providing such information to Foundation by any means (e.g., email, online submission, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you have the lawful right to provide such information to Foundation for use in receiving your donation. By using the Services’ donation payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Services, including, without limitation, instructing Foundation or its authorized vendors to collect any payments from a credit or debit card, and to use the Services in accordance with all terms and conditions of these Terms.

Use of the Site and Posting Policy

The rights granted to you in these Terms are subject to the following restrictions:: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the Foundation’s express written consent; (c) you will not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content without the express written consent of Foundation; (d) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site (e) you will not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant or use the Site for any other commercial purpose not expressly approved by Foundation in writing; (f) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Foundation’s express written consent; (g) you will not upload, post, reproduce or distribute (i)  any advertising or promotional materials or any other form of solicitation or unauthorized communication; (ii) you will not upload, post, reproduce or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights, (iii) any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. 

From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”).  By using these features, you agree that you will not (i) post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Foundation; (ii) post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iii) impersonate any person or organization, including without limitation, the personnel of Foundation, or misrepresent an affiliation with another person or organization; or(iv) post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein.  Foundation may cancel your account and delete all User Content associated with your account at any time, and without notice, if Foundation deems that you have violated these Terms, the law, or for any other reason.  Foundation assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Foundation a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.  You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Foundation, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Foundation or this Site. 

Representations, and Limitations of Liability

Foundation makes no representations about the reliability of the features of this Site, the Content, User Content, the Services or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Foundation makes no representations regarding the amount of time that any Content or User Content will be preserved. 

Foundation does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Foundation without the prior review and written approval of Foundation.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL FOUNDATION BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FOUNDATION’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL FOUNDATION OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF FOUNDATION’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.  

Because some jurisdictions do not allow for the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the limitations set forth in these Terms of Use may not apply to you. Our liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. This paragraph will only apply if an arbitrator or court with applicable jurisdiction in accordance with these terms finds exclusions of damages or limitations of liability to be unconscionable or otherwise violate applicable laws. Nothing in these terms shall effect a waiver of any non-waivable statutory rights that apply to you. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Privacy Policy

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.  Our Privacy Policy  describes our practices concerning data that you provide or that we may collect about you through use of the Services, and you consent to our use of data in compliance with the Privacy Policy. You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

As stated in the Privacy Policy, we may share your personal information with Shopify in order to help us process your transactions on our Site and/or provide us with fraud prevention services. For more information about Shopify’s services and privacy practices, please refer to and review the Shopify Terms of Service and Privacy Policy.

Third Party Websites

This Site may hyperlink to sites not maintained by or related to Foundation. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Foundation, and Foundation makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Foundation has no control over how your information is collected, used, or otherwise handled.

Refunds, Exchanges & Delivery Timeframes

You may choose to purchase certain merchandise through our Site. All purchases made through OUR Site are final sale and non-refundable. Please allow 5-7 business for the processing and delivery of any orders made through our Site. For more information about our policies and procedures related to refunds, exchanges, and delivery time frames please visit our Shop Policy page.

BINDING ARBITRATION ON A NON-CLASS BASIS; WAIVER OF JURY TRIAL

ANY CONTROVERSY OR CLAIM ARISING OUT OF YOUR USE OF THE SERVICES, THESE TERMS, (including, without limitation, OUR PRIVACY POLICY) SHALL BE SETTLED BY BINDING ARBITRATION. The arbitration shall be conducted before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.  Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither You nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THESE SERVICES IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Miscellaneous

Both you and Foundation acknowledge and agree that no partnership is formed and neither of you nor Foundation has the power or the authority to obligate or bind the other. 

These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles.  By using this site, you hereby agree that any and all disputes regarding these Terms which are not subject to arbitration as set forth above will be subject to the courts located in California.  YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS WHICH ARE NOT RESOLVED OR OTHERWISE SUBJECT TO ARBITRATION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  These Terms operate to the fullest extent permissible by law. 

The failure of Foundation to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Foundation, shall not be deemed a breach of these Terms. 

If Foundation fails to act with respect to your breach or anyone else’s breach on any occasion, Foundation is not waiving its right to act with respect to future or similar breaches. 

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. 

These Terms constitute a binding agreement between you and Foundation, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Foundation regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.