PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. By using this Site you agree and accept to be bound by these Terms and Conditions (“Terms”). If you do not agree to the Terms, you should not use this Site.

 

The Terms constitute the entire and only agreement between you and Mammoth Grip and supersede all prior or contemporaneous agreements with respect to this Site, purchase of Mammoth Grip products, and your use thereof.

 

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND MAMMOTH GRIP WILL BE RESOLVED BY BINDING ARBITRATION AND AN AGREEMENT TO SUBMIT ANY CLAIMS EXCLUSIVELY AS INDIVIDUAL NON-CLASS CLAIMS

 

1. Use

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You agree to use the Site only for its intended purpose. You agree to use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. Accordingly, you are prohibited from:

 

attempting to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site; linking to the Site without permission;

using data mining, robots, or other data gathering devices on or through the Site;

posting incomplete, false, misleading or objectionable information or material;

disclosing personal information about another person;

advertising or marketing non-Mammoth Grip products on the Site;

using the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, or other liability to Mammoth Grip.

 

2. Eligibility

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The Site is not directed to persons under the age of 13. If you are under 13 years of age, please discontinue use of this Site.

 

You may use the Site without creating an account. By creating an account with Mammoth Grip, you confirm that the information you have provided is true and not to be used for any ulterior motive or unlawful reason. You may not share your account information with, or allow access to your account by, any third-party. You will be responsible for all activity that occurs under your access credentials.

 

If it is determined by Mammoth Grip that you have provided false or misleading information or have violated these Terms, or other abuses have occurred, Mammoth Grip reserves the right, in its sole discretion, to cancel your account without notice.

 

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3. Intellectual Property

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We grant you a limited non-exclusive license to use the Site for personal use only. All content on the Site, including any images, illustrations, graphics, design, icons, photographs, videos and written and other materials, including the compilation of this Site, is the property of Mammoth Grip and protected under applicable copyright, trademark, and other intellectual property laws. Any copying, republication, or distribution of this Site and/or its content is prohibited unless done with prior written consent from Mammoth Grip.

 

If you post content, including images, to the Site, you grant Mammoth Grip unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such material (including derivative works) throughout the world in any media without providing attribution or obtaining additional consent.  Similarly, all suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time share with Mammoth Grip shall be deemed to be Mammoth Grip's property. You further agree that Mammoth Grip and its affiliates are free to use any ideas, concepts, or know-how that you share.

 

If you believe in good faith that materials posted on the Site infringe your copyright, you may send Mammoth Grip notification requesting that the material be removed, or access to it blocked. The notice must include the following:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

Identification of the copyrighted work(s) alleged to have been infringed;

Identification of the specific material alleged to be infringing or the subject of infringing activity;

Your name, address, telephone number, and e-mail address (if available);

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please ensure any notices meet the statutory requirements imposed by the Digital Millennium Copyright Act of 1998. See http://www.loc.gov/copyright/ for details.

 

4. Purchases

You represent and warrant that if you are purchasing something from Mammoth Grip that (i) any credit card information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

 

5. No Purchase for Resale

This Site is intended for sale of products from Mammoth Grip directly to consumers. Purchase for resale is strictly prohibited. If Mammoth Grip believes you are involved in purchases for resale it reserves the right to take any action against you, including without limitation, restrict sales to you, cancel your orders, and/or suspend or close your account.

 

If you wish to purchase Mammoth Grip product for resale please contact Mammoth Grip.

 

6. Order Cancellation

We reserve the right to not accept your order for any reason and/or cancel your order by written notice without liability for any damages or costs other than a refund of amounts paid in at least the following situations:

 

The product is not available;

Billing information is incorrect or unverifiable;

Your order is marked as suspicious or unusual;

We believe you are a reseller;

There was an error in pricing displayed on the Site;

Due to events outside of our control limiting our ability to fulfill your order.

If you wish to purchase Mammoth Grip product for resale please contact Mammoth Grip.

 

7. Delivery

Title to and risk of loss of product passes to you upon delivery of the ordered product from Mammoth Grip to the carrier. Delivery times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Mammoth Grip will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order.

 

8. Returns and Warranty

Mammoth Grip Return and Warranty policies are included in these Terms. For more information, please check Mammoth Grip's “Shipping & Returns” page..

 

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL MAMMOTH GRIP OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ITS SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOLO STOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (E) USE OF MAMMOTH GRIP PRODUCT; OR (F) ANY OTHER MATTER RELATING TO THE SITE. THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, MAMMOTH GRIP PRODUCTS, OR YOUR USE THEREOF WILL NOT EXCEED $100 OR THE COST OF THE PURCHASED PRODUCT.

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10. No Class Actions

YOU AND MAMMOTH GRIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A LEAD PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mammoth Grip agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

11. Choice of Law

These Terms will be governed and construed in accordance with the laws of the State of Texas. If a lawsuit or court proceeding is permitted under these Terms, then you and Mammoth Grip agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Texas.

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With respect to notices Mammoth Grip sends to you, you consent to receive notices and other communications by posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account.