TERMS OF USE

Effective Date: October 30, 2023

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

The inclusion of links to third party websites or of references to any third party (including vendors) 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. Please see our Vendor Terms section for additional information on your and Mammoth’s relationships with Marketplace Vendors (as defined below).  

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.

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 following the posting of revised Terms of Use means that you accept and agree to these Terms of Use as revised. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Modification to the Site, Products and Services

Mammoth reserves the right to modify in whole or in part, or temporarily or permanently discontinue, the Services (or any portion thereof) or any products, services or content contained on the Services for any reason and at any time and without notice to you.

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.

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 product information at any time.

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.

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) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit use of the Services by others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) collect information about others without their consent (h) 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); (i) post "spam", transmit chain letters or engage in other similar activities; or (j) 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.

You understand and acknowledge that you are responsible for whatever content you submit on the Services, and you, not Mammoth, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Mammoth or to any area of the Services, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Mammoth and/or post it to the Services. You grant to Mammoth the right to use all content you upload or otherwise transmit to Mammoth or the Services in any manner Mammoth chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

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.

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 e-mail 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 and Membership Information, Terms and Refund Policy

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. Furthermore, by joining, subscribing or submitting information to Mammoth through the Services, you expressly grant Mammoth and its affiliates or third-party service providers the right to communicate with you via e-mail, mail, fax or telephone.

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 suspend or cancel any user account for any other reason in its sole and absolute discretion.

Requests for membership refunds 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.

Purchases of Patriot and Platinum Patriot memberships last for one (1) year from the date of purchase. These memberships include convenient annual auto-renewals that can be canceled at any time simply by logging in and visiting your Account page. Your subscription will continue until you cancel. The annual renewal fee of $29 for Patriot Memberships and $49 for Platinum Memberships will be charged to your card provided through our payment gateway.

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

Marketplace Vendors

Each vendor who participates in the Mammoth Nation discount program (each a "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 goods or services to you. You acknowledge and agree that all agreements relating to the sale of goods or services from a Marketplace Vendor to you are solely between you and the Marketplace Vendor and that Mammoth shall have no responsibility, obligation, or liability related to the sale of goods or services from a Marketplace Vendor to you. Without limiting the foregoing, Marketplace Vendors have their own return policies and may have their own terms and conditions governing the sale or good or services to you.

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 goods and/or services from such vendor or third party.

Terms and Refund Policy for Mammoth-Sold Goods and Services

Mammoth only ships its merchandise to addresses in the United States. We do not offer refunds on purchases of our merchandise. We also do not offer refunds on contributions, donations, or other payments made to Mammoth not related to goods or services sold by Mammoth. However, Mammoth-sold merchandise that does not fit properly, or arrives damaged, may be exchanged within 14 days for another item of equal value. To request an exchange send an email to [email protected] and return the item in its original packaging along with the receipt. Once your item is received and inspected, a replacement will be sent out. Additional shipping and handling charges will apply for replacement items. Fulfillment times may vary due to Mammoth online store product availability and demand. Orders are not guaranteed for delivery by a specific date due to possible delays in third-party shipping systems such as, but not limited to, USPS, UPS, etc.

Access and Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We 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, we may restrict access to the Services (or portions thereof).

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

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.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Warranty and Liability Disclaimers

Mammoth does not assume any liability for the materials, information and opinions provided on, or available through, the Services (the "Site Content"). Reliance on the Site 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 Site Content.

THE SERVICES AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER MAMMOTH NOR ANY PERSON ASSOCIATED WITH MAMMOTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR THE SITE CONTENT. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MAMMOTH NOR ANYONE ASSOCIATED WITH MAMMOTH WARRANTS OR REPRESENTS THAT THE SERVICES, THE SITE 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. MAMMOTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU (AND NOT MAMMOTH) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.

Limitation on Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

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 your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

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 conflicts of laws 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.

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.