Terms of Sale
Date of Last Revision: November 21, 2022
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING AN ITEM FROM THE WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES (COLLECTIVELY, “SITES”) OF MORALES MMA, LLC AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “VANDETTA” OR “WE”), YOU AGREE TO BE BOUND BY THE TERMS OF SALE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS, INCLUDING A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 11 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND VANDETTA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT MAKE A PURCHASE.
If you are making a purchase on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Sale on such entity's behalf.
All sales from the Sites are sold by Morales MMA, LLC. These Terms of Sale apply to your purchases of any products from Vandetta, except to the extent that you have entered into a separate written agreement with Vandetta that supersedes some or all of these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in Vandetta’s sole discretion. By placing an order for products through the Sites, you agree to be bound by and accept the Terms of Sale in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Vandetta, these Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms of Sale.
1. Who We Sell To
Vandetta sells products only to adults. If you are under 18, you may have your parent or guardian place an order for you. Vandetta reserves the right to refuse service, terminate accounts, and cancel orders in its sole discretion.
2. Your Account
When you purchase from Vandetta, an account may be created by you as part of the checkout process. You are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities that occur under your account or with your password. If your account or password is compromised in any way, you will notify Vandetta immediately. Vandetta may take any action to maintain the security of its websites and your account, including, but not limited to, terminating your account, changing your password, or requesting additional information to authorize transactions on your account.
3. Eligibility and Order Placement
- Products on the Sites are intended for direct sale to end consumers only.
- You are prohibited from purchasing products for resale, or with the intent to resell the products to a third party. If Vandetta believes you are purchasing a product for resale, Vandetta may take action against you including, but not limited to, restricting sales to you, canceling your orders, or suspending or closing your account.
- To submit an order, accurately and completely provide the information required at checkout.
- We do not accept any method of payment other than those listed on the order page. In some cases, we may require prepayment. If payment is not received or cannot be processed for any reason, we may cancel your order.
- When you submit an order, we may send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the products are shipped to you. If we are unable to fulfill your order, we will notify you and will not process your order.
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4. Shipping Terms and Policies
We endeavor to process all orders for in-stock items within 5 business days. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Standard shipping is typically via USPS ground but may vary. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice. All shipping charges are the responsibility of the customer. Shipping times are estimates only and are subject to change as a result of factors outside of our control.
Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Shipping charges are based on the delivery location and method you select during the checkout process. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.
All orders are shipped FOB Shipping Point. Title to products passes from Vandetta to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
5. Return Policy
All sales are final and we do not accept returns.
6. Product Availability and Pricing
Vandetta may revise or discontinue products at any time without prior notice to you, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.
7. Product Descriptions; Pricing; Errors
Vandetta attempts to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing, or other content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by Vandetta is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
8. Electronic Communications
When you visit the Sites, chat with us or send email to us, you consent to receive communications from us electronically and you agree that we may communicate with you by chat, email, or by posting a notice on the Sites. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Sites, providing an email address in a chat conversation, or leaving a telephone message with an email address for Vandetta to respond to a query about your account, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or order information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information may not be stored in a secure manner. Your options, including your right to opt out of receiving certain kinds of emails from us, are further described in our Privacy Policy.
9. Warranties; Disclaimer
Certain products come with a limited warranty. EXCEPT AS EXPRESSLY SET FORTH IN THESE WRITTEN LIMITED WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE OFFERED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND VANDETTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VANDETTA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTIONS, TEXT OR IMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANDETTA, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY PURCHASE MADE ON THE SITES, EVEN IF VANDETTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF Vandetta (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THORY) ARISING OUT OF OR RELATING TO VANDETTA’S OPERATION OF THE SITES OR OFFER TO SELL OR SALE OF PRODUCTS THEREON EXCEED $100 OR THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE, WHICHEVER IS LESS. THE LIMITATIONS IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR VANDETTA’S OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
11. Dispute Resolution
ANY DISPUTE OR CLAIM BETWEEN YOU AND VANDETTA, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM YOUR PURCHASE OF PRODUCT FROM VANDETTA, ANY PRODUCTS SOLD BY VANDETTA OR THROUGH THE SITES, OR THESE TERMS OF SALE (INCLUDING THEIR INTERPRETATION, VALIDITY, TERMINATION OR BREACH) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Sale is void, voidable, or otherwise invalid.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THE TERMS OF THESE TERMS OF SALE AS A COURT WOULD.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent or to Vandetta at Morales MMA, LLC, 6654 Hurkling Stone Ave Las Vegas NV 89139. You agree that the arbitration will be conducted by and in accordance with the rules of either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. Such arbitration shall proceed in the county in Clark County Nevada. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.
YOU AND VANDETTA EACH AGREE TO BRING ANY DISPUTE IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER. IN ADDITION, YOU AND VANDETTA BOTH AGREE THAT WE EACH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR VANDETTA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
13. Applicable Law and Venue
These Terms of Sale and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Nevada, applicable to agreements made and to be entirely performed within the State of Nevada, without resort to its conflict of law provisions. You agree that any action not filed in arbitration pursuant to these Terms of Sale shall be filed only in the state and federal courts located in Clark County, Nevada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.
14. No Waiver; Severability
The remedies set forth in these Terms of Sale are cumulative and not exclusive unless expressly stated otherwise. Failure or delay by Vandetta to enforce any provision of these Terms of Sale will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Terms of Sale shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.