Terms of service

MAMOOSH

WEBSITE TERMS OF SERVICE

Effective Date: 4/24/2024

Welcome to Mamoosh!  Axis Ranch Productions LLC d/b/a/ Mamoosh (“Company,” “we,” “us,” or “our”) created and operates this website (https://mamooshco.com/, the “Site”) to build a lifestyle dedicated to living the life we’ve been given by offering apparel and organic dietary supplements (our “Products”). These Website Terms of Service (“Terms”) govern your use of the Site. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.

MANDATORY ARBITRATION NOTICE; CLASS WAIVER; AND WAIVER OF TRIAL BY JURY. These Terms contain provisions: 1) requiring you to resolve disputes by binding arbitration on an individual basis rather than court, jury trials, or class actions; and 2) which limit the remedies available to you in the event of a dispute. You waive any right to participate in a class action lawsuit, class-wide arbitration, or to receive a jury trial. Please carefully review the Dispute Resolution and Arbitration section of these Terms before you access or use the Site.

UPDATES TO THESE TERMS. We may charge these Terms from time to time. When we do make changes, those changes will be effective immediately. By continuing to use the Site after we change these Terms, you are confirming that you have read, understand, and agree to be bound by the new Terms. If we make material changes to these Terms, we will conspicuously post that there has been a change on the top of these Terms, on our Site, or communicate to you in another manner.

1. Your Acceptance of the Terms

By accessing or using the Site, you agree to read, comply with, and be legally bound by these Terms. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE. We reserve the right to terminate your access to or use of the Site at our sole discretion if you violate these Terms.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/mamoosh-7831/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/mamoosh-7831/privacy_policy).

Except as provided in these Terms, if you are dissatisfied with these Terms or our Site, your sole and exclusive remedy is to discontinue using the Site.

 

1. Privacy Policy 

We may collect certain personal information from you when you use the Site. We describe how we collect, use, and share personal information in our Privacy Policy.

1. Your Representations; Access to the Site

The Site is only available to individuals and entities that can form legally binding contracts and are not otherwise barred from using the Site under applicable law. By accessing the Site, you represent that: 1) you have the legal capacity to do so and you agree to comply with these Terms; 2) you are at least the age of majority in your state or province of residence, or if a minor, you have received permission to use the Site from your parent or guardian; 3) you will not use the Site for any of the prohibited activities in Section 5; and 4) your use of the Site or its Content will not violate any applicable laws, rules or regulations. We reserve the right to deny access to the Site to anyone at any time in our sole and absolute discretion. 

You are responsible for providing all equipment necessary to establish a connection not the internet, access the internet, and any connection and service fees associated with such access. Any and all parts of the Site are subject to availability. We do not guarantee that the Site will operate with your equipment or your internet connection services.

1. Ownership of the Site and its Contents; Intellectual Property Rights

The Site is comprised of certain text, materials, data, writings, articles, photographs, audio, visual, drawings, icons, interfaces, graphics, images, names of products and product information, as well as its design, selection, assembly, and arrangement (collectively the “Content”), and certain software and technical features which operate the Site. The Site, its Content and its design, selection, and arrangement are the sole and exclusive property of the Company or its licensors. 

The Site contains certain trademarks, service marks, and logos (the “Marks”) which are owned or controlled by us or licensed to us and are protected by various US federal and state trademark laws. The Site and its Content are also a collective work owned by the Company and protected by U.S. copyright laws.

You may electronically display, copy, or print portions of the Content strictly for your own personal, non-commercial use or to place an order through the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, framing or performance of any Content from the Site is strictly prohibited. Any rights not granted to you under these Terms are expressly reserved by the Company.

1. Prohibited Activities

As a user of our Site, you agree not to:

• Commit fraud or falsify data in connection with your use of the Site, especially in any attempt to learn sensitive information;
• Use the Site or the Content for commercial purposes without our prior written permission or use the Site or Content to create a competing Site, business, or similar service offering. 
• Modify, translate, or create any derivative works of the Site or its Content; 
• Decompile, adapt, decipher, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site;
• Redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site or its Content; 
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
• Disparage, tarnish, or otherwise harm the Company, our reputation, or the Site;
• Harass, abuse, annoy, intimidate, or harm any of our employees or agents engaged in providing the Site to you, or another person.
• Make improper use of our support services or submit false reports of abuse or misconduct;
• Use the Site or Content in a manner inconsistent with any applicable laws, rules, or regulations;
• Engage in unauthorized framing of or linking to the Site;
• Engage in data mining, or similar data gathering or extraction activities or retrieve data or other Content from the Site for purposes of creating or compiling Content for any commercial purpose;
• Delete the copyright trademark or other proprietary rights notice from the Site or any Content;
• Attempt to impersonate another user or person;
• Use the Site to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routine, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site, the Content or any computers, hardware, software, system, data, or networks;
• Use the Site to advertise or offer to sell goods and services without our permission.

1. Our Products

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Site is void where prohibited.

Certain Products may be available exclusively online through the Site. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations.

Our Products. We develop, market and sell over-the-counter drug Products including all natural hormonal tinctures and supplements.

Not Medical or Health Advice. Mamoosh is not a medical organization, and our staff cannot diagnosis diseases or other medical conditions and cannot provide you with medical advice. Over-the-counter drug products or “OTC drugs” are intended for self-diagnosis and use without a prescription from a physician.  The Site is not intended to provide medical advice, diagnosis or treatment. The Products, information, and other content provided on and through the Site are provided for informational purposes only and are not intended as a substitute for advice from your physician or other health care professional. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options. If you have a negative reaction to our Products, please stop using them.

Not FDA Evaluated. Consistent with federal legal requirements, OTC drugs including the Products are not reviewed or approved by the United States Food and Drug Administration or FDA.  Moreover, the labeling and marketing claims made about specific Products on or through the Site have not been evaluated by the FDA and are not intended as medical advice for purposes of diagnosis, treatment, curing or preventing disease or other conditions.

1. Prices and Payment Terms

All prices posted on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation notification. Price changes will only apply to orders placed after such changes. We are not responsible for pricing, typographical or other errors, and we reserve the right to cancel any orders arising from such errors. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Products.

You agree to provide current, complete, and accurate transactional information for all purchases made at our store, including name, phone number, email address, credit card number, and billing and shipping addresses. You agree that you will not resell any Products purchased through the Site and will use the Site only as intended.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer name, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

1. Refunds

Our Products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

1. Corrections

There may be information on the Site and in the Content that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We may correct any errors, inaccuracies, or omissions and change or update the information on the Site or in the Content at any time, without prior notice.

1. Feedback

We welcome comments regarding the Site and the Content. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

1. Third-Party Websites and Content

The Site may link to websites and resources not maintained or controlled by us. These links are provided for your convenience only. We have no control over the content of those websites or resources. We are not responsible for examining or evaluating the content or accuracy of the websites or content. We do not warrant or endorse any third-party website, resource, or any programs, products, or services made available through those websites or resources. If you decide to access any of the third-party websites that are linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

1. Governing Law

This Site is operated from the United States of America. All matter arising out of or relating to these Terms and your use of the Site and its Content are governed by and construed in accordance with US federal law and the laws of the State of Texas without reference to its conflict of law principles.

1. Warranty Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE CONSUMPTION OF ANY FOOD PRODUCTS PURCHASED THROUGH THE SITE. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE SAFETY AND FITNESS FOR CONSUMPTION OF THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS.

THE SITE AND THE CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. 

WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE OR THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

1. Limitations of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR AND THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM, RELATING TO THE SITE OR THE CONTENT, INCLUDING IN CONNECTION WITH (A) YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT; (B) PRODUCTS OR SERVICES OFFERED FOR SALE OR SOLD THROUGH THE SITE; OR (C) THE SUBJECT MATTER OF THESE TERMS, WHETHER SUCH DAMAGES WERE FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO SITE, THE CONTENT, THE PRODUCTS AND SERVICES OR RELATED IN ANYWAY TO THE SUBJECT MATTER OF THESE TERMS, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD OR THE ACTUAL DAMAGES, WHICHEVER IS LOWER. 

CERTAIN US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NOTICE TO NEW JERSEY CONSUMERS

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you to the extent they are unenforceable under New Jersey law: (a) Warranty Disclaimers; (b) Exclusion of Consequential Damages; (c) Limitations of Liability (d) Indemnification and (e) Choice of Law Provisions. The laws of the State of New Jersey will apply to any disputes between us and you if you are a New Jersey consumer.

1. Indemnification

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (“INDEMNIFIED PARTIES”) AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGEMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) (“LOSSES”) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITE, THE CONTENT OR THE USER CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS WHEN ACCESSING OR USING THE SITE OR THE CONTENT; (C) ANY ACTIVITY OCCURRING UNDER YOUR ACCOUNT, IF APPLICABLE; (D) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (F) THE PAYMENT METHODS PROVIDED FOR PURCHASES BY YOU; AND (G) YOUR VIOLATION OF THESE TERMS.

1. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

16.1 Informal Negotiations. We always prefer to resolve disputes by negotiating in good faith. Either party may attempt to resolve a dispute by providing the other party written notice if it cannot be resolved in the ordinary course of business. The receiving party shall respond to the notice in writing within 15 days. Within 30 days after delivery of the notice, the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for claims subject to injunctive or other equitable relief.

DISPUTE RESOLUTION – BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, AS THE PARTIES AGREE TO: 1) SUBMIT DISPUTES TO INDIVIDUAL ARBITRATION, 2) WAIVE RIGHTS TO A JURY TRIAL, AND 3) WAIVE RIGHTS FOR COURT PROCEEDINGS AND CLASS ACTIONS.

16.2 Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING OUR SITE, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE INDEMNIFIED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

16.3 Agreement to Arbitrate. YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, YOUR ACCESS TO OR USE OF THE SITE, OR YOUR DEALINGS WITH THE INDEMNIFIED PARTIES IN CONNECTION WITH THE FOREGOING SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.

THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”), AND NOT BY STATE LAW.

THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.

THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION.

FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS AND (2) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) WILL TAKE PLACE IN TRAVIS COUNTY, TEXAS.

THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT TO ARBITRATE. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (1) THERE SHALL BE NO PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (2) ALL DAMAGES, CLAIMS, AND AWARDS WILL BE GOVERNED BY TEXAS LAW; (3) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEY’S FEES. IF YOU PROVE THAT YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY, INDIVIDUALLY AND AS A GROUP, TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.

EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 16.6, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF THESE TERMS AND/OR YOUR ACCESS TO OR USE OF THE SITE AND YOUR RELATIONSHIP WITH THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.

ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (I.E., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR.

16.4 Information About Arbitration. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

16.5 Challenges to Validity of Agreement to Arbitrate. YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (I.E., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.

16.6 Opt-Out of Agreement to Arbitrate. IF YOU WISH TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST ACCESS OR USE OUR SITE YOU MUST SEND US A LETTER STATING: “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO:

Axis Ranch Productions LLC

Box 155

1107 FM-1431

Marble Falls, TX 78654

16.7 Venue for Litigation. IF THE AGREEMENT TO ARBITRATE IN SECTION 16.3 ABOVE IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, OR IF YOU OPT OUT OF THE AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 16.6, THEN, UNLESS PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS COVERING TRAVIS COUNTY, TEXAS, AS APPROPRIATE. YOU ALSO THEREFORE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSES OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION, AND AGREE TO REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THIS AGREEMENT.

16.8 Time to Bring Claim. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF RELATING IN ANY WAY TO THESE TERMS, YOUR ACCESS TO OR USE OF THE SITE, OR YOUR DEALINGS WITH THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH MUST BE COMMENCED IN ARBITRATION OR LITIGATION (AS APPLICABLE) WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

1. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations under these Terms to others at any time. If any part of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. The sections of these Terms which by their nature are intended to survive the termination of these Terms shall continue as valid and enforceable obligations of the parties notwithstanding such termination. We may provide any notice to you under these Terms by (a) sending a message to the email address you provide, or (b) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

1. Contact Us

If you have any questions about the Site, the Content, or these Terms, or to receive further information, please contact us at csaf@mamooshco.com