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Terms of Use - New


THIS WEBSITE, AS WELL AS ANY AND ALL ASSOCIATED WEBSITES, MOBILE SITES, AND MOBILE APPLICATIONS (COLLECTIVELY REFERRED TO AS THE “WEBSITE”) IS OPERATED BY LA MAMA LLC ("COMPANY,” “WE,” “US,” OR “OUR”). WE OFFER THIS WEBSITE, INCLUDING ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE FROM THIS WEBSITE, TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS, CONDITIONS, POLICIES, INCLUDING OUR PRIVACY POLICY. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION BROWSERS, CUSTOMERS, MERCHANTS, VENDORS, AND CONTRIBUTORS OF CONTENT. THE WEBSITE IS OPERATED FROM THE UNITED STATES AND IS INTENDED FOR USERS LOCATED IN JURISDICTIONS WHERE THE SALE OF OUR PRODUCTS IS PERMITTED. WE MAKE NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS.

YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

NOTICE OF ARBITRATION: THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS OF USE, OR OUR PRIVACY POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT, OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE OR TO ANY SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE.

  1. CREATING AN ACCOUNT

YOU HAVE THE OPTION OF CREATING A USER ACCOUNT TO ENABLE YOU TO STREAMLINE THE PURCHASE OF OUR PRODUCTS THROUGH THE WEBSITE. UPON CREATION OF YOUR USER ACCOUNT, YOU WILL CREATE A PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF, OR ACTION TAKEN UNDER, YOUR PASSWORD ON THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR PASSWORD, AND YOU AGREE NOT TO DISCLOSE YOUR PASSWORD TO ANYONE.

YOU ACCEPT FULL RESPONSIBILITY FOR ALL TRANSACTIONS AND OTHER ACTIVITIES THAT OCCUR THROUGH YOUR ACCOUNT AND AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, ANY THIRD PARTY CONTENT PROVIDERS AND LICENSORS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND OTHER REPRESENTATIVES, FROM ANY AND ALL LIABILITY CONCERNING SUCH TRANSACTIONS AND OTHER ACTIVITIES ARISING THROUGH YOUR USER ACCOUNT, EXCEPT TO THE EXTENT RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY ACTUAL OR SUSPECTED LOSS, THEFT, OR UNAUTHORIZED USE OF YOUR USER ACCOUNT OR PASSWORD. WE HAVE NO OBLIGATION TO INQUIRE AS TO THE AUTHORITY OR PROPRIETY OF ANY USE OF OR ACTION TAKEN UNDER YOUR PASSWORD AND WILL NOT BE RESPONSIBLE FOR ANY LOSS TO YOU ARISING FROM ANY SUCH USE OR ACTION EXCEPT AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAWS.

WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT, REFUSE SERVICE, OR CANCEL ORDERS AT OUR SOLE DISCRETION WHERE WE REASONABLY BELIEVE THAT YOUR ACCOUNT IS BEING USED IN VIOLATION OF THESE TERMS OR APPLICABLE LAW.

2. INTELLECTUAL PROPERTY OWNERSHIP AND USE

YOU ACKNOWLEDGE AND AGREE THAT ALL OF OUR TRADEMARKS, LOGOS, COPYRIGHTS, TRADE DRESS, PRODUCT DESIGNS, AND ANY AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS IN ALL MATERIAL OR CONTENT CONTAINED WITHIN THIS WEBSITE SHALL REMAIN AT ALL TIMES VESTED IN US OR, IN THE CASES WHERE WE ARE USING SUCH MATERIAL OR CONTENT UNDER AUTHORITY FROM A THIRD PARTY, IN THE OWNER OF SUCH MATERIAL OR CONTENT.

WE GRANT YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO ACCESS AND MAKE PERSONAL, NON-COMMERCIAL USE OF THE WEBSITE AS OUR CUSTOMER. HOWEVER, YOU SHALL NOT:

  • REPRODUCE, DUPLICATE, COPY, SELL, RESELL, OR OTHERWISE EXPLOIT THE WEBSITE OR ANY IMAGE, PAGE LAYOUT, PAGE DESIGN, TRADE DRESS, TRADEMARK, LOGO, PRODUCT DESCRIPTION, OR OTHER CONTENT (“WEBSITE CONTENT”) FOR ANY COMMERCIAL PURPOSE;

  • USE A ROBOT, SPIDER, SCRAPER, OR DATA MINING OR EXTRACTION TOOL OR PROCESS TO MONITOR, EXTRACT, INDEX, OR COPY WEBSITE CONTENT;

  • USE ANY META TAGS, SEARCH TERMS, KEY TERMS, OR THE LIKE THAT CONTAIN THE WEBSITE’S NAME OR OUR TRADEMARKS;

  • ENGAGE IN ANY ACTIVITY THAT INTERFERES WITH THE WEBSITE OR ANOTHER USER’S ABILITY TO USE THE WEBSITE;

  • MODIFY, CREATE DERIVATIVE WORKS FROM, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE ANY TECHNOLOGY USED TO PROVIDE THE WEBSITE AND THE GOODS OR SERVICES OFFERED ON THE WEBSITE; OR

  • ASSIST OR ENCOURAGE ANY THIRD PARTY IN ENGAGING IN ANY ACTIVITY PROHIBITED BY THESE TERMS OF USE.

YOU MAY NOT USE, COPY, DISTRIBUTE, OR EXPLOIT ANY OF THE WEBSITE CONTENT IN ANY MANNER WITHOUT OUR PRIOR WRITTEN PERMISSION.

ALL WEBSITE CONTENT AND ALL MATERIALS AND CONTENT CONTAINED WITHIN THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE TEXT, GRAPHICS, LOGOS, ICONS, IMAGES, AUDIO CLIPS, VIDEO CLIPS, ARTICLES, POSTS, PRODUCT PHOTOGRAPHY, STYLING, LOOKBOOKS, AND DATA APPEARING ON THE WEBSITE, ARE OWNED BY US, OR USED BY US UNDER AUTHORIZATION, AND ARE PROTECTED BY U.S. AND FOREIGN TRADEMARK AND COPYRIGHT LAWS. NO PORTION OF THE MATERIALS OR CONTENT ON THESE PAGES MAY BE REPRINTED OR REPUBLISHED IN ANY FORM WITHOUT OUR EXPRESS WRITTEN PERMISSION.

NOTHING IN THESE TERMS GRANTS YOU ANY OWNERSHIP RIGHTS IN THE WEBSITE OR ITS CONTENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY THE COMPANY.

3. ERRORS AND INACCURACIES

WE STRIVE TO PROVIDE COMPLETE, ACCURATE, AND UP-TO-DATE INFORMATION ON THE WEBSITE. HOWEVER, DESPITE THESE EFFORTS, HUMAN OR TECHNOLOGICAL ERRORS MAY OCCUR. THE WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS, SOME OF WHICH MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, SHIPPING CHARGES, AVAILABILITY, AND DELIVERY TIMES. CERTAIN INFORMATION MAY NOT BE COMPLETE OR CURRENT.

WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED. WE ALSO RESERVE THE RIGHT TO CANCEL OR REFUSE ANY ORDER PLACED FOR A PRODUCT LISTED WITH AN INCORRECT DESCRIPTION, PRICE, OR AVAILABILITY, WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR PAYMENT PROCESSED. IF YOUR PAYMENT HAS ALREADY BEEN PROCESSED FOR A CANCELED ORDER, WE WILL ISSUE A REFUND IN THE ORIGINAL FORM OF PAYMENT.

YOU ACKNOWLEDGE THAT THE TECHNICAL SPECIFICATIONS AND DISPLAY SETTINGS OF YOUR DEVICE MAY AFFECT THE ACCURACY OF HOW PRODUCTS APPEAR ON THE WEBSITE. COLORS, TEXTURES, AND DETAILS MAY VARY FROM WHAT YOU SEE ON YOUR SCREEN. PLEASE REVIEW PRODUCT DESCRIPTIONS CAREFULLY AND DO NOT RELY SOLELY ON PRODUCT IMAGES WHEN MAKING A PURCHASE DECISION.

4. CHANGES TO WEBSITE OR THESE TERMS OF USE

TO THE FULLEST EXTENT PERMITTED BY LAW, WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE WEBSITE, IN WHOLE OR IN PART, TEMPORARILY OR PERMANENTLY, AT ANY TIME AND WITHOUT PRIOR NOTICE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE WEBSITE.

WE MAY UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. WHEN WE DO, WE WILL POST THE UPDATED VERSION ON THE WEBSITE AND UPDATE THE “LAST UPDATED” DATE. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF REVISED TERMS CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU MUST STOP USING THE WEBSITE.

THE WEBSITE MAY EXPERIENCE INTERRUPTIONS, DELAYS, OR LIMITATIONS DUE TO MAINTENANCE, UPDATES, OR FACTORS BEYOND OUR CONTROL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE ENTITLED TO ANY COMPENSATION OR DAMAGES AS A RESULT OF SUCH INTERRUPTIONS OR THE UNAVAILABILITY OF THE WEBSITE.

5.ORDERS, PRICE AND RESALE

NOTHING ON THE WEBSITE CONSTITUTES A BINDING OFFER TO SELL PRODUCTS OR SERVICES. ALL ORDERS ARE SUBJECT TO ACCEPTANCE BY US, AND WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO REFUSE, LIMIT, OR CANCEL ANY ORDER FOR ANY REASON, INCLUDING LIMITATIONS ON QUANTITIES AVAILABLE FOR PURCHASE, INACCURACIES IN PRODUCT OR PRICING INFORMATION, OR ISSUES IDENTIFIED BY OUR FRAUD PREVENTION PROCESSES.

WE RESERVE THE RIGHT TO LIMIT QUANTITIES PURCHASED PER PERSON, HOUSEHOLD, OR ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED UNDER THE SAME CUSTOMER ACCOUNT, THE SAME PAYMENT METHOD, OR ORDERS THAT USE THE SAME BILLING OR SHIPPING ADDRESS. IF WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE WILL ATTEMPT TO NOTIFY YOU USING THE CONTACT INFORMATION PROVIDED AT THE TIME THE ORDER WAS MADE.

PRODUCTS PURCHASED THROUGH THE WEBSITE ARE INTENDED FOR PERSONAL USE ONLY AND NOT FOR RESALE UNLESS EXPRESSLY AUTHORIZED BY THE COMPANY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY ORDER WHERE WE SUSPECT, IN OUR SOLE DISCRETION, THAT A CUSTOMER IS PURCHASING PRODUCTS FOR UNAUTHORIZED RESALE OR DISTRIBUTION.

ALL PRICES, DISCOUNTS, AND PROMOTIONS POSTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PRICE CHARGED FOR A PRODUCT WILL BE THE PRICE IN EFFECT AT THE TIME YOUR ORDER IS PLACED AND WILL BE SET FORTH IN YOUR ORDER CONFIRMATION EMAIL.

PRICES DISPLAYED ON THE WEBSITE ARE SHOWN IN U.S. DOLLARS UNLESS OTHERWISE STATED AND DO NOT INCLUDE APPLICABLE TAXES OR SHIPPING AND HANDLING CHARGES. SUCH TAXES AND CHARGES WILL BE ADDED TO YOUR TOTAL AND ITEMIZED IN YOUR SHOPPING CART AND ORDER CONFIRMATION. YOU ARE RESPONSIBLE FOR ALL APPLICABLE TAXES.

WHILE WE STRIVE TO PROVIDE ACCURATE PRICING INFORMATION, ERRORS MAY OCCUR. IF A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH INCORRECT INFORMATION, WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THAT PRODUCT, EVEN IF THE ORDER HAS BEEN CONFIRMED AND YOUR PAYMENT PROCESSED. IF YOUR PAYMENT HAS ALREADY BEEN PROCESSED FOR A CANCELED ORDER, WE WILL ISSUE A REFUND IN THE ORIGINAL FORM OF PAYMENT.

WE MAY USE THIRD-PARTY PAYMENT PROCESSORS TO BILL YOU THROUGH A PAYMENT ACCOUNT LINKED TO YOUR ORDER. BY SUBMITTING YOUR PAYMENT INFORMATION, YOU AUTHORIZE US AND OUR PAYMENT PROCESSORS TO CHARGE THE APPLICABLE AMOUNT FOR YOUR ORDER IN ACCORDANCE WITH THESE TERMS.

OUR ORDERING PROCEDURES ARE DESCRIBED ON THE WEBSITE AND MAY BE UPDATED FROM TIME TO TIME.

6. SHIPPING AND DELIVERY

WE WILL ARRANGE FOR SHIPMENT OF PRODUCTS TO YOU USING CARRIERS SELECTED BY US. YOU ARE RESPONSIBLE FOR ALL SHIPPING AND HANDLING CHARGES UNLESS OTHERWISE EXPRESSLY STATED AT CHECKOUT OR IN YOUR ORDER CONFIRMATION.

TITLE AND RISK OF LOSS PASS TO YOU UPON OUR TRANSFER OF THE PRODUCTS TO THE CARRIER, EXCEPT WHERE OTHERWISE REQUIRED BY APPLICABLE CONSUMER PROTECTION LAWS. SHIPPING AND DELIVERY DATES ARE ESTIMATES ONLY AND ARE NOT GUARANTEED. WE ARE NOT RESPONSIBLE FOR DELAYS CAUSED BY CARRIERS, CUSTOMS PROCESSING, WEATHER EVENTS, SUPPLY CHAIN DISRUPTIONS, OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

YOU ARE RESPONSIBLE FOR PROVIDING ACCURATE SHIPPING INFORMATION. WE ARE NOT LIABLE FOR ORDERS SHIPPED TO AN INCORRECT ADDRESS PROVIDED BY YOU.

FOR ORDERS SHIPPED INTERNATIONALLY, YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE DESTINATION COUNTRY, INCLUDING IMPORT REQUIREMENTS. YOU WILL BE DEEMED THE IMPORTER OF RECORD AND ARE RESPONSIBLE FOR ALL CUSTOMS DUTIES, TARIFFS, TAXES, BROKERAGE FEES, AND OTHER CHARGES ASSOCIATED WITH THE SHIPMENT.

BY PLACING AN INTERNATIONAL ORDER, YOU AUTHORIZE US TO APPOINT A CARRIER AND/OR CUSTOMS BROKER TO ACT AS YOUR AGENT FOR CUSTOMS CLEARANCE AND TO PROCESS AND REMIT APPLICABLE DUTIES AND TAXES ON YOUR BEHALF.

IF A SHIPMENT IS REFUSED, UNCLAIMED, OR RETURNED DUE TO YOUR FAILURE TO PAY REQUIRED IMPORT FEES OR PROVIDE NECESSARY DOCUMENTATION, WE RESERVE THE RIGHT TO DEDUCT THE RESULTING SHIPPING COSTS, RETURN FEES, CUSTOMS CHARGES, AND ANY OTHER EXPENSES FROM YOUR REFUND.

FOR ORDERS CONTAINING MULTIPLE ITEMS, WE MAY SHIP PRODUCTS SEPARATELY AS THEY BECOME AVAILABLE. YOU WILL BE CHARGED ONLY FOR THE PRODUCTS THAT ARE SHIPPED, ALONG WITH APPLICABLE SHIPPING CHARGES.

IF AN ITEM BECOMES UNAVAILABLE AFTER YOUR ORDER IS PLACED, WE WILL NOTIFY YOU AND ISSUE A REFUND FOR THAT ITEM.

WHILE WE ENDEAVOR TO COLLECT APPLICABLE SALES TAX WHERE REQUIRED, YOU REMAIN RESPONSIBLE FOR ANY SALES, USE, VALUE-ADDED, OR SIMILAR TAXES NOT COLLECTED AT THE TIME OF PURCHASE, UNLESS EXEMPT UNDER APPLICABLE LAW.

WE RESERVE THE RIGHT TO RESTRICT DELIVERY TO CERTAIN ADDRESSES, REGIONS, OR COUNTRIES. ORDERS SHIPPED TO UNSUPPORTED LOCATIONS MAY BE CANCELED AND REFUNDED. THE SHIPPING ADDRESS MUST CORRESPOND WITH THE COUNTRY-SPECIFIC VERSION OF THE WEBSITE FROM WHICH THE ORDER IS PLACED, WHERE APPLICABLE.

ADDITIONAL INFORMATION REGARDING SHIPPING METHODS, ESTIMATED DELIVERY TIMES, AND COSTS IS AVAILABLE ON THE WEBSITE AND MAY BE UPDATED FROM TIME TO TIME.


7. RETURNS AND EXCHANGES

EXCEPT FOR PRODUCTS DESIGNATED AS FINAL SALE, NON-RETURNABLE, PERSONALIZED, OR MADE-TO-ORDER, WE ACCEPT RETURNS OF ELIGIBLE MERCHANDISE WITHIN FOURTEEN (14) DAYS FROM THE DATE OF DELIVERY, SUBJECT TO THE CONDITIONS BELOW.

TO QUALIFY FOR A RETURN:

  • ITEMS MUST BE UNUSED, UNWORN, AND UNALTERED

  • ORIGINAL TAGS MUST BE ATTACHED

  • ITEMS MUST BE RETURNED IN THEIR ORIGINAL PACKAGING

  • PROOF OF PURCHASE IS REQUIRED

WE RESERVE THE RIGHT TO REFUSE RETURNS THAT DO NOT MEET THESE REQUIREMENTS OR SHOW SIGNS OF WEAR, DAMAGE, OR MISUSE.

REFUNDS WILL BE ISSUED TO THE ORIGINAL FORM OF PAYMENT ONCE THE RETURNED ITEM HAS BEEN RECEIVED AND INSPECTED. ORIGINAL SHIPPING CHARGES ARE NON-REFUNDABLE UNLESS THE RETURN IS THE RESULT OF OUR ERROR OR A DEFECTIVE PRODUCT.

RETURN SHIPPING COSTS ARE THE RESPONSIBILITY OF THE CUSTOMER UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR EXPRESSLY STATED IN OUR RETURN POLICY. WHERE WE PROVIDE A RETURN SHIPPING LABEL, THE COST OF RETURN SHIPPING MAY BE DEDUCTED FROM YOUR REFUND UNLESS PROHIBITED BY LAW.

WE ARE NOT RESPONSIBLE FOR ITEMS LOST OR DAMAGED DURING RETURN TRANSIT. WE RECOMMEND USING A TRACKABLE AND INSURED SHIPPING METHOD.

EXCHANGES ARE SUBJECT TO PRODUCT AVAILABILITY. IF A REQUESTED EXCHANGE ITEM IS UNAVAILABLE, WE WILL PROCESS THE RETURN AS A REFUND.

IF YOU RECEIVE A DEFECTIVE, DAMAGED, OR INCORRECT ITEM, YOU MUST CONTACT US WITHIN A REASONABLE PERIOD AFTER DELIVERY SO THAT WE MAY EVALUATE THE ISSUE AND MAKE IT RIGHT.

TO INITIATE A RETURN OR EXCHANGE, PLEASE FOLLOW THE INSTRUCTIONS PROVIDED ON OUR WEBSITE. ADDITIONAL DETAILS REGARDING OUR RETURN PROCEDURES MAY BE UPDATED FROM TIME TO TIME.

8 .THIRDY-PARTY

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, SERVICES, OR RESOURCES THAT ARE NOT OWNED OR CONTROLLED BY US. YOU MAY ALSO ACCESS THE WEBSITE THROUGH LINKS PROVIDED BY THIRD PARTIES. WE DO NOT CONTROL, ENDORSE, OR ASSUME ANY RESPONSIBILITY FOR THE AVAILABILITY, CONTENT, PRIVACY PRACTICES, OR POLICIES OF ANY THIRD-PARTY WEBSITES OR RESOURCES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM YOUR USE OF, OR RELIANCE ON, ANY THIRD-PARTY WEBSITES, PRODUCTS, SERVICES, OR CONTENT. YOUR INTERACTIONS WITH SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY, AND YOU ACCESS THEM AT YOUR OWN RISK.

IF YOU ARE INTERESTED IN LINKING TO OUR WEBSITE, YOU MUST OBTAIN OUR PRIOR WRITTEN CONSENT. WE RESERVE THE RIGHT TO GRANT OR WITHHOLD SUCH CONSENT IN OUR SOLE DISCRETION. UNAUTHORIZED LINKING, INCLUDING FRAMING OR EMBEDDING PORTIONS OF THE WEBSITE, IS PROHIBITED.

9. USER CONTENT

THE WEBSITE MAY PROVIDE FEATURES THAT ALLOW USERS TO SUBMIT, POST, OR SHARE CONTENT, INCLUDING REVIEWS, COMMENTS, IMAGES, OR OTHER MATERIALS (“USER CONTENT”). WE ARE NOT OBLIGATED TO MONITOR USER CONTENT BUT RESERVE THE RIGHT TO REVIEW, REMOVE, EDIT, OR REFUSE ANY USER CONTENT AT ANY TIME AND FOR ANY REASON, INCLUDING IF WE BELIEVE IT VIOLATES THESE TERMS OR APPLICABLE LAW.

YOU ARE SOLELY RESPONSIBLE FOR THE USER CONTENT YOU SUBMIT. WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF USER CONTENT AND DO NOT ENDORSE ANY OPINIONS EXPRESSED BY USERS.

BY SUBMITTING USER CONTENT, YOU REPRESENT AND WARRANT THAT:

  • YOU OWN OR CONTROL ALL RIGHTS NECESSARY TO SUBMIT THE USER CONTENT

  • THE USER CONTENT DOES NOT VIOLATE ANY LAW OR INFRINGE THE RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS

  • ANY INDIVIDUALS DEPICTED IN THE USER CONTENT HAVE PROVIDED APPROPRIATE CONSENT

  • THE USER CONTENT IS NOT FRAUDULENT, MISLEADING, DEFAMATORY, OBSCENE, HARASSING, ABUSIVE, OR OTHERWISE OBJECTIONABLE

YOU AGREE NOT TO:

  • IMPERSONATE ANY PERSON OR ENTITY OR MISREPRESENT YOUR AFFILIATION

  • UPLOAD MALICIOUS CODE, VIRUSES, OR HARMFUL FILES

  • POST SPAM, UNSOLICITED PROMOTIONS, OR MASS COMMUNICATIONS

  • INTERFERE WITH THE OPERATION OR SECURITY OF THE WEBSITE

  • SUBMIT CONTENT THAT IS UNLAWFUL OR INFRINGES THE RIGHTS OF OTHERS

USER CONTENT MAY BE PUBLICLY VISIBLE. PLEASE EXERCISE CAUTION BEFORE POSTING PERSONAL INFORMATION, AS WE ARE NOT RESPONSIBLE FOR HOW OTHERS MAY USE SUCH INFORMATION.

LICENSE TO USER CONTENT

BY SUBMITTING USER CONTENT, YOU GRANT US AND OUR AFFILIATES, SUCCESSORS, LICENSEES, AND ASSIGNS A WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, FULLY PAID, TRANSFERABLE, AND SUBLICENSABLE LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DISPLAY, AND OTHERWISE EXPLOIT SUCH USER CONTENT IN ANY MEDIA NOW KNOWN OR LATER DEVELOPED, INCLUDING FOR COMMERCIAL, PROMOTIONAL, AND MARKETING PURPOSES, WITHOUT FURTHER NOTICE TO YOU OR COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW.

YOU WAIVE ANY MORAL RIGHTS OR SIMILAR RIGHTS YOU MAY HAVE IN THE USER CONTENT TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WE ARE NOT RESPONSIBLE FOR INTERACTIONS BETWEEN USERS. IF YOU CHOOSE TO COMMUNICATE OR INTERACT WITH OTHER USERS, YOU DO SO AT YOUR OWN RISK.

THE WEBSITE IS INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN THEIR JURISDICTION). WE DO NOT KNOWINGLY PERMIT MINORS TO SUBMIT USER CONTENT.

IF YOU BELIEVE THAT ANY USER CONTENT VIOLATES THESE TERMS OR IS OTHERWISE OBJECTIONABLE, PLEASE CONTACT US USING THE CONTACT INFORMATION PROVIDED ON THE WEBSITE WITH SUFFICIENT DETAIL FOR US TO INVESTIGATE.

10. COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT

WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND EXPECT USERS OF THE WEBSITE TO DO THE SAME. IF YOU BELIEVE THAT ANY CONTENT ON THE WEBSITE INFRINGES YOUR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, PLEASE NOTIFY US USING THE CONTACT INFORMATION PROVIDED ON THE WEBSITE.

TO BE EFFECTIVE, YOUR NOTICE MUST INCLUDE THE FOLLOWING INFORMATION:

  • A PHYSICAL OR ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE INTELLECTUAL PROPERTY INTEREST

  • A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY YOU CLAIM HAS BEEN INFRINGED

  • INFORMATION REASONABLY SUFFICIENT TO ALLOW US TO LOCATE THE ALLEGEDLY INFRINGING MATERIAL ON THE WEBSITE

  • YOUR NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS

  • A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE INTELLECTUAL PROPERTY OWNER, ITS AGENT, OR THE LAW

  • A STATEMENT, MADE UNDER PENALTY OF PERJURY, THAT THE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE OWNER OF THE INTELLECTUAL PROPERTY RIGHT OR ARE AUTHORIZED TO ACT ON THE OWNER’S BEHALF

WE RESERVE THE RIGHT TO REMOVE ALLEGEDLY INFRINGING CONTENT WITHOUT PRIOR NOTICE AND TO TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS WHERE APPROPRIATE.

11. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHILE WE IMPLEMENT COMMERCIALLY REASONABLE MEASURES TO PROTECT INFORMATION SUBMITTED THROUGH THE WEBSITE, WE CANNOT GUARANTEE ABSOLUTE SECURITY. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM; OR

  2. ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO:

  • YOUR VIOLATION OF THESE TERMS

  • YOUR MISUSE OF THE WEBSITE

  • YOUR USER CONTENT

  • YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY

  • ANY ACTIVITY CONDUCTED THROUGH YOUR ACCOUNT

WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIMS.

14. BINDING ARBITRATION AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

INFORMAL DISPUTE RESOLUTION 

BEFORE INITIATING ARBITRATION, YOU AND THE COMPANY AGREE TO FIRST ATTEMPT TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY PRODUCTS OR SERVICES (EACH, A “DISPUTE”) THROUGH GOOD-FAITH INFORMAL NEGOTIATIONS. TO BEGIN THIS PROCESS, THE PARTY ASSERTING THE DISPUTE MUST PROVIDE WRITTEN NOTICE DESCRIBING THE NATURE OF THE CLAIM, THE REQUESTED RELIEF, AND THE RELEVANT FACTS. NOTICE TO THE COMPANY MUST BE SENT TO THE CONTACT INFORMATION PROVIDED ON THE WEBSITE. NOTICE TO YOU WILL BE SENT TO THE EMAIL OR MAILING ADDRESS ASSOCIATED WITH YOUR ACCOUNT. THE PARTIES AGREE TO ALLOW AT LEAST THIRTY (30) DAYS FROM RECEIPT OF THE NOTICE TO ATTEMPT TO RESOLVE THE DISPUTE BEFORE INITIATING ARBITRATION.

AGREEMENT TO ARBITRATE

IF A DISPUTE CANNOT BE RESOLVED THROUGH INFORMAL NEGOTIATIONS, IT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR FALL WITHIN THE EXCLUSIONS BELOW.  THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT AND APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS APPLICABLE RULES, INCLUDING THE AAA CONSUMER ARBITRATION RULES WHERE APPROPRIATE. THOSE RULES ARE AVAILABLE AT WWW.ADR.ORG. THE ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR.

ARBITRATION PROCEDURES

  • THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.

  • THE ARBITRATOR MAY AWARD ANY RELIEF AVAILABLE UNDER APPLICABLE LAW BUT ONLY ON AN INDIVIDUAL BASIS.

  • THE ARBITRATOR WILL ISSUE A WRITTEN DECISION EXPLAINING THE ESSENTIAL FINDINGS AND CONCLUSIONS.

  • JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

UNLESS OTHERWISE PROHIBITED BY LAW, EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES. ARBITRATION FEES WILL BE ALLOCATED IN ACCORDANCE WITH THE APPLICABLE AAA RULES. IF YOU DEMONSTRATE THAT ARBITRATION COSTS WOULD BE PROHIBITIVE, WE WILL PAY THE PORTION NECESSARY TO ENSURE THE ARBITRATION REMAINS ACCESSIBLE.

LOCATION AND FORMAT

ARBITRATION MAY BE CONDUCTED:

  • IN THE COUNTY OR STATE WHERE YOU RESIDE

  • BY VIDEO CONFERENCE

  • BASED SOLELY ON WRITTEN SUBMISSIONS

  • OR AT ANOTHER MUTUALLY AGREED LOCATION

EXCLUDED CLAIMS

THE FOLLOWING CLAIMS ARE NOT SUBJECT TO ARBITRATION:

  • INDIVIDUAL CLAIMS PROPERLY BROUGHT IN SMALL CLAIMS COURT

  • CLAIMS SEEKING INJUNCTIVE RELIEF RELATED TO INTELLECTUAL PROPERTY RIGHTS

  • CLAIMS THAT APPLICABLE LAW PROHIBITS FROM BEING ARBITRATED

EITHER PARTY MAY SEEK TEMPORARY OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION AS NECESSARY TO PROTECT ITS RIGHTS PENDING ARBITRATION.

CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR CONDUCT ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THE CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID. WAIVER OF JURY TRIAL: YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE, WHETHER IN COURT OR ARBITRATION. 

30-DAY RIGHT TO OPT OUT: YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO THE COMPANY WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ASSOCIATED WITH YOUR ACCOUNT, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF ARBITRATION.

OPTING OUT OF ARBITRATION WILL NOT AFFECT ANY OTHER PROVISIONS OF THESE TERMS.

SURVIVAL AND SEVERABILITY

THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF YOUR RELATIONSHIP WITH THE COMPANY. IF ANY PORTION OF THIS SECTION IS FOUND TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT THAT IF THE CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THIS ENTIRE ARBITRATION AGREEMENT SHALL BE VOID.

15. GOVERNING LAW

THESE TERMS AND ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY PRODUCTS OR SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.

EXCEPT AS OTHERWISE PROVIDED IN THE BINDING ARBITRATION SECTION, ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THESE TERMS THAT IS PERMITTED TO BE BROUGHT IN COURT SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED WITHIN CONNECTICUT, AND THE PARTIES HEREBY CONSENT TO THE PERSONAL JURISDICTION AND VENUE THEREIN.

16. INVESTIGATIONS OF VIOLATIONS OF THESE TERMS

WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO INVESTIGATE ANY SUSPECTED VIOLATION OF THESE TERMS OR MISUSE OF THE WEBSITE. IN CONNECTION WITH SUCH INVESTIGATION, WE MAY TAKE ANY ACTION WE DEEM APPROPRIATE, INCLUDING WITHOUT LIMITATION:

  • ISSUING WARNINGS

  • SUSPENDING OR TERMINATING ACCOUNTS

  • REMOVING OR DISABLING ACCESS TO CONTENT

  • REFUSING ORDERS

  • REPORTING SUSPECTED UNLAWFUL ACTIVITY TO LAW ENFORCEMENT, REGULATORS, OR OTHER APPROPRIATE THIRD PARTIES

YOU AGREE TO COOPERATE WITH ANY SUCH INVESTIGATION.

17. NOTICE FOR CALIFORNIA USERS

UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, RESIDENTS OF CALIFORNIA WHO USE THIS WEBSITE ARE ENTITLED TO KNOW THAT THEY MAY FILE GRIEVANCES AND COMPLAINTS WITH: THE COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, IN WRITING AT 400 R STREET, SUITE 1080, SACRAMENTO, CALIFORNIA 95814, OR BY TELEPHONE AT (916) 445-1254 OR (800) 952-5210, OR BY EMAIL AT DCA@DCA.CA.GOV.


IN ADDITION, WE ARE LOCATED AT LA MAMA LLC, P.O. BOX 1183, NEW CANAAN, CT 06840, UNITED STATES AND MAY BE REACHED BY EMAIL AT INFO@LAMAMABRAND.COM. PLEASE CONTACT US TO RESOLVE ANY ISSUES WITH OUR WEBSITE THAT YOU MAY HAVE.

18. MISCELLANEOUS

IF ANY PROVISION OF THESE TERMS IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE FOR ANY REASON, THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS, POLICIES, OR AGREEMENTS REFERENCED HEREIN OR POSTED ON THE WEBSITE (COLLECTIVELY, THE “WEBSITE AGREEMENTS”), CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY REGARDING YOUR USE OF THE WEBSITE AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS, AND PROPOSALS, WHETHER WRITTEN OR ORAL, RELATING TO SUCH SUBJECT MATTER. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY STATEMENT, REPRESENTATION, OR WARRANTY NOT EXPRESSLY SET FORTH IN THE WEBSITE AGREEMENTS, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. YOU MAY NOT ASSIGN, DELEGATE, OR OTHERWISE TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THESE TERMS WITHOUT OUR PRIOR WRITTEN CONSENT. ANY ATTEMPTED ASSIGNMENT IN VIOLATION OF THIS PROVISION SHALL BE NULL AND VOID. WE MAY ASSIGN OR TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS AT ANY TIME, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH A MERGER, ACQUISITION, CORPORATE REORGANIZATION, OR SALE OF ASSETS. OUR FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH PROVISION OR OF OUR RIGHT TO ENFORCE IT AT A LATER TIME. WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ACTS OF GOD, NATURAL DISASTERS, WAR, TERRORISM, LABOR DISPUTES, SUPPLY CHAIN DISRUPTIONS, GOVERNMENTAL ACTIONS, OR FAILURES OF UTILITIES OR TELECOMMUNICATIONS INFRASTRUCTURE. BY USING THE WEBSITE OR COMMUNICATING WITH US ELECTRONICALLY, YOU CONSENT TO RECEIVE COMMUNICATIONS FROM US ELECTRONICALLY, INCLUDING VIA EMAIL, TEXT MESSAGE (WHERE PERMITTED), OR THROUGH NOTICES POSTED ON THE WEBSITE. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT WE PROVIDE ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING. WHILE WE TAKE REASONABLE MEASURES TO PROTECT INFORMATION TRANSMITTED THROUGH ELECTRONIC COMMUNICATIONS, MESSAGES SENT VIA EMAIL OR OTHER ELECTRONIC MEANS MAY NOT BE SECURE. ACCORDINGLY, PLEASE DO NOT SEND SENSITIVE OR CONFIDENTIAL INFORMATION THROUGH UNSECURED CHANNELS. UNLESS OTHERWISE SPECIFIED IN THESE TERMS, YOU MAY PROVIDE NOTICES TO US USING THE CONTACT INFORMATION LISTED ON THE WEBSITE. WE MAY PROVIDE NOTICES TO YOU USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT, BY POSTAL MAIL, OR BY POSTING A NOTICE ON THE WEBSITE.

LAST UPDATED: FEBRUARY 16, 2026