Last Updated: 5/5/2025

Acceptance

These terms of use are entered into between you and Mammoth Nation, LLC (“Mammoth,” “we,” “us,” or “our,” as the context requires).The following terms and conditions, together with any documents incorporated by reference (collectively, these “Terms of Use”), govern your access and use of https://mammothnation.com/ (the “Site” and together with all products, content, functionality, and services offered on or through the Site, the “Services”), whether as a guest or registered user.

Please read these Terms of Use carefully before you use or interact with the Services. By accessing or using the Services, by communicating with us regarding the Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by all applicable laws and regulations, these Terms of Use and our Privacy Policy, (together with these Terms of Use, the “User Terms”), which are incorporated herein by reference. If you do not want to agree to the User Terms, you must not access or use the Site or the Services.

The Services are offered and available to users who are eighteen (18) years of age or older. If you are not at least eighteen (18) years of age, you may not use or access the Services.

Links and Third-Party Websites; Third-Party Content

While using the Services, you may also access third-party apps, websites, or services displayed on or through the Services and links contained on the Services. The inclusion of links to third-party websites or of references to any third party (including Marketplace Vendors, as defined below) on the Services does not constitute an express or implied endorsement by Mammoth of those third parties or those websites and their content. We encourage consumers to shop responsibly and to question companies about their products and business practices before making any purchase.

These Terms of Use do not apply to any other website owned or operated by any third party, even if such third-party links to the Services or the Services link to a third-party website. Accordingly, these Terms of Use do not apply to the practices of any third party, affiliate, or business partner. You acknowledge that Mammoth does not control such third-party websites and is not responsible for any content, services, or products of such third parties. You acknowledge that the use of such third-party app or website is governed by the terms and conditions applicable to any such app or website, and if you decide to access any such third-party app or website, you do so entirely at your own risk and subject to the terms and conditions of use for each app or website.

Mammoth is not responsible or liable to any third party for the content or accuracy of any content posted by a third party on the Services, such as content posted by Marketplace Vendors (“Third-Party Content”). You acknowledge and agree that Mammoth does not verify, adopt, ratify, or sanction Third-Party Content and that you must evaluate and bear all risks associated with your use of or reliance on Third-Party Content. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement or recommendation thereof by Mammoth. Third-Party Content consist of the opinions of third parties and may contain inaccuracies. Mammoth makes no assurances regarding the quality, accuracy, or reliability of any Third-Party Content. You also understand that by using the Services, you may be exposed to Third-Party Content that you may consider offensive or objectionable. You understand and acknowledge that when you view Third-Party Content provided by others on the Services, you are doing so at your own risk. The Third-Party Content on the Services is provided for general information only. It is not intended to amount to advice on which you should rely.

Changes to these Terms of Use

We may revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services after we revise the Terms of Use means you accept such revisions as of the date of update noted above and agree to abide and be bound by the most recent version of the Terms of Use. Please check this page periodically for updates.

Availability

Mammoth periodically schedules system downtime for maintenance and other purposes and the Services may be unavailable due to unplanned system outages or circumstances outside of our control. Mammoth shall have no liability to any user or third party whatsoever for the resulting unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

Mammoth reserves the right to terminate, withdraw, or amend the Services or any portion thereof, including any product, service, or material Mammoth provides on or through the Services, in its sole discretion without notice. Mammoth will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, Mammoth may restrict access to some parts of the Services, or to the Services altogether.

Product Display

Mammoth has endeavored to accurately display the products featured on the Services. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or detail will be accurate. Additionally, certain products may be updated or replaced with similar products. We cannot guarantee that any particular SKU or product displayed on the Services is the current model or SKU.

Errors

We attempt to provide the most recent, accurate, and reliable information on the Services. However, there may be occasions when information featured on the Services may contain typographical errors, incomplete data, inaccuracies, or items featured on the Services that are no longer in stock. We do not warrant that the information accessible via the Services is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected in price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update the Services, including product information, at any time, but we are under no obligation to do so.

Ownership of Content

Mammoth, its affiliates, or its third-party licensors own all copyrights, trademarks, trade dress, and other intellectual property contained on the Services or contained in email correspondence you may receive through the Services (“Content”). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, and the arrangement of Content on the Services as a whole. You shall not use any Content for any purpose without the prior written consent of Mammoth or the respective owner of such Content. You may not modify or copy any materials from the Services; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services; or access or use any part of the Services for any purpose except your own personal use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any Content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as expressly provided, nothing contained in these Terms of Use or anywhere on the Services shall be construed as conferring any license under any intellectual property rights of the Company, its licensors, or any third party.

Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.

We respect the intellectual property rights of others, and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act and other applicable intellectual property laws. If you are aware of or experience any circumstances that appear to be a violation of these Terms of Use, please inform us by contacting us via e-mail at [email protected].

Any such notice must include: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work or trademark that you claim has been infringed; (c) a description of the location on the Services of the claimed infringing material; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law; and (f) a statement by you that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright or trademark owner's behalf.

Upon receipt of such notice, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for a user who is a repeat infringer.

Use of the Services

You agree to use the Services only for lawful purposes. You agree not to do any of the following: (a) communicate to Mammoth or upload to or transmit on the Services any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Services to violate the legal rights of others or to violate the laws of any jurisdiction; (c) misrepresent an affiliation with any person or organization; (d) restrict or inhibit use of the Services by others; (e) upload or otherwise transmit files that contain a virus or corrupted data; (f) collect information about others without their consent (g) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (h) post “spam,” transmit chain letters or engage in other similar activities; (i) access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you; (j) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of our Services; (k) violate any applicable federal, state, local or international law or regulation, or violate the legal rights (including intellectual property rights or the rights of publicity and privacy) of others, including by providing content that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; (l) promote any illegal activity or advocate, promote, or assist with any unlawful activity; (m) violate these Terms of Use or any other policies or agreements that you enter into with us; or (n) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Mammoth, may harm Mammoth or users of the Services or expose them to liability.

Additionally, you agree not to (a) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; (b) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (c) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (d) probe, scan, or test the vulnerability of our Services, our network, our security, or authentication measures without proper authorization; (e) use any device, software, or routine that interferes with the proper working of the Services; (f) introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; (h) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or (i) otherwise attempt to interfere with the proper working of the Services.

Mammoth reserves the right, but does not assume any responsibility, to (a) remove any material posted on the Services which Mammoth, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Mammoth has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of the Services. However, Mammoth can neither review all material before it is posted on the Services nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Mammoth assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Mammoth reserves the right to take any action it deems necessary to protect the personal safety of users of the Services and the public; however, Mammoth has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Your failure to comply with the above provisions may result in the termination of your access to the Services and may expose you to civil and/or criminal liability. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

These Terms of Use apply to our website and our mobile app, Mammoth Nation. The app may contain similar features and content as available on this website.

User Feedback

Mammoth welcomes feedback, questions and comments about the Services. As a general policy, Mammoth does not accept unsolicited ideas for products or services through the Services. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to Mammoth by email or otherwise will upon submission become the sole and exclusive property of Mammoth and may be used by Mammoth for any purpose whatsoever, commercial or otherwise, without compensation to you.

Account Access; Security

Certain portions of the Services may allow you to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information. By joining, subscribing or submitting information to Mammoth through the Services, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to these Terms of Use; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information.

You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Mammoth reserves the right to disable any username, password, or other identifier, or to suspend or cancel any account for any other reason in its sole and absolute discretion. If your account or access is terminated for any reason or no reason, you agree not to attempt to establish a new account under any name, real or assumed. Mammoth further reserves the right to restrict your access to all or part of the Services at any time in our sole discretion for any or no reason.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to us through and related to the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

By providing your information to Mammoth or creating an account, you agree that Mammoth and its associated marketing partners may contact you by email, direct mail, telephone, or text message at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with your account, including for direct marketing purposes. You understand that you are not required to provide this consent as a condition of purchase, and you may opt out of receiving such emails, telephone calls, or text messages at any time by contacting Mammoth as provided below.

If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number

Account and Membership Information, Terms and Refund Policy

Membership in Mammoth Nation includes convenient monthly or annual automatic membership renewals. Your subscription will continue until you cancel. You can cancel your membership at any time before the end of the current monthly or annual membership period by logging in and visiting your account page. Cancellation will take effect at the end of the current membership period unless otherwise disclosed. If you do not timely cancel your membership, your membership will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. The annual renewal fee of $29 for Patriot Memberships, annual renewal fee of $49 for Platinum Memberships, annual renewal fee of $45 for Patriot (formerly Basic) Annual Memberships, annual renewal fee of $90 for Platinum (formerly Premier) Annual Memberships, monthly renewal fee of $5 for Patriot (formerly Basic) Monthly Memberships, and monthly renewal fee of $10 for Platinum (formerly Premier) Monthly Memberships will be charged to your card provided through our payment gateway.

Requests for membership refunds, including subscriptions and Lifetime memberships, must be submitted to Mammoth within forty-eight (48) hours from the time of purchase. After forty-eight (48) hours membership purchases are non-refundable.

Lifetime memberships last indefinitely but may be terminated by Mammoth for any or no reason, in our sole discretion, after 9 years from the date of purchase.

Please note that membership fees and any contributions, donations, or other payments made to Mammoth not related to goods or services sold by Mammoth are not tax deductible (as described in our Frequently Asked Questions).

Mammoth will support groups, candidates, or causes at our sole discretion.

Marketplace Vendors; Marketplace Vendor Discounts; Mammoth Store

The Services include access to special discounts on products offered by independent third-party vendors (each a “Marketplace Vendor”). The Services also include access to an online store where you can purchase products directly from Marketplace Vendors. Product cost through the online store will vary depending on membership status, with active members receiving standard discounts on purchases.

You understand that Mammoth does not list, manufacture, store, or inspect any of the products sold through the Services. Mammoth provides the venue; the products listed for sale on the Services are listed, sold, and shipped by each individual Marketplace Vendor, so Mammoth cannot and does not make any warranties about their quality, safety, authenticity, or legality. Any refund on a product you purchase through Mammoth’s online store will be less a five percent (5%) processing fee charged by Mammoth. Mammoth uses reasonable efforts to abide by its Return and Refund Policy unless otherwise stated on the product page. However, all returns, exchanges, refunds, disputes, and other matters related to purchased products will ultimately be between you and the Marketplace Vendor.

You acknowledge and agree that all agreements relating to the sale of products from a Marketplace Vendor to you, whether through the Mammoth store or directly from a Marketplace Vendor with a discount obtained through the Services, are solely between you and the Marketplace Vendor, and that Mammoth shall have no responsibility, obligation, or liability related to the sale. Without limiting the foregoing, Marketplace Vendors may have their own terms, conditions, and other policies governing the sale of products to you. Each Marketplace Vendor is solely responsible for processing, fulfillment, customer service, warranty obligations, and all other liabilities and obligations relating to such Marketplace Vendor's sale of products to you. Any claim related to a product you purchase must be brought directly against the Marketplace Vendor selling the product. You release Mammoth from any claims related to products sold through the Services, including for defective products, misrepresentations by Marketplace Vendors, or products that caused physical injury (such as product liability claims).

Please be aware that Mammoth may receive commissions, referral fees, or other payments from Marketplace Vendors or other third parties based upon your purchase of products from such Marketplace Vendor or third party.

Warranty and Liability Disclaimers

You understand that Mammoth cannot and does not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or any other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, MAMMOTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.

Mammoth does not assume any liability for the materials, information and opinions provided on, or available through, the Services (the “Services Content”). Reliance on the Services Content is solely at your own risk. Mammoth disclaims any liability for injury or damages resulting from the use of the Services, any portion of the Services, or the Services Content.

YOUR USE OF THE SERVICES, ANY PORTION OF THE SERVICES, AND THE SERVICES CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MAMMOTH NOR ANY PERSON ASSOCIATED WITH MAMMOTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE SERVICES CONTENT. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MAMMOTH NOR ANYONE ASSOCIATED WITH MAMMOTH WARRANTS OR REPRESENTS THAT THE SERVICES, THE SERVICES CONTENT, THE SERVICES PROVIDED ON OR THROUGH THE SERVICES OR THE CLAIMS OF VENDORS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MAMMOTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL MAMMOTH OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE SERVICES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES OR THEIR CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY MAMMOTH AND WHETHER OR NOT MAMMOTH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST MAMMOTH THAT ARISES OUT OF THESE TERMS OF USE OR IS OTHERWISE RELATED TO THE SERVICES, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAMMOTH TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID MAMMOTH FOR PRODUCTS OR SERVICES OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

CERTAIN 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless Mammoth, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your access, use, or misuse of the Services; (ii) your violation of the User Terms; (iii) the actual or alleged infringement of any of our or any third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Services in any manner not authorized by us; or (iv) your negligent or fraudulent conduct. This includes, but is not limited to, any use of the content, products, and services on the Services other than as expressly authorized in the User Terms.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE USER TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law and Jurisdiction

These Terms of Use, the User Terms, and Mammoth's operation of the Services shall be governed by and interpreted in accordance with the laws of the state of Wisconsin without regard to its conflict of law provisions. Except where prohibited by law, you agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with these Terms of Use shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at a AAA regional office in Green Bay, Wisconsin; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction.

Waiver and Severability

No waiver by Mammoth of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mammoth to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The User Terms constitute the sole and entire agreement between you and Mammoth regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Termination

Your failure to comply with the User Terms automatically revokes your authorization to use the Services and terminates all rights granted to you under the User Terms. Your obligations to Mammoth and its affiliates and third-party service providers relating to your use of the Services prior to termination shall continue after termination. Provisions of the User Terms regarding the content restrictions and limitations, disclaimers, indemnification, and liability limitations shall survive termination of the User Terms for any reason.

Miscellaneous

When you visit the Services, submit a request for help, send an email to us, or otherwise communicate with us through the Services or electronically, you expressly grant the Company, its affiliates, or third-party service providers the right to communicate with you electronically. This includes, but is not limited to, posting notices on the Services or responding to your email. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Except as expressly set forth herein, in the event of a conflict between these Terms of Use and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.

You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without notice to you.

Contact Us

If you have any feedback, comments, or questions about these Terms of Use, please contact us using the Contact Us form on the Site.