Terms of service

Website Terms of Service

This website is owned and operated by Grupo Espiral LLC dba Mapale (“Mapale”). Throughout the site, the terms “we”, “us” and “our” refer to Mapale. This website, including all information, links and services available from this site to you, the user, are expressly conditioned upon your acceptance of all terms, conditions, policies and notices. By visiting our site and/or ordering something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”). These Terms of Service apply to all users of the site, as well as those who attempt to access or use the website. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services.

We reserve the right to amend any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following any changes constitutes acceptance of those changes.

1. General Conditions of Use. You represent that you are at least the age of majority in your state or commonwealth of residence, or that you are the age of majority in your state or commonwealth of residence and you have given us your consent to allow any of your minor dependents to use this site. Except as may be contrary to law, we reserve the right to refuse service to anyone for any reason at any time.

2. Conditions of Sale. All prices displayed on this website are quoted in U.S. dollars and are valid and effective only in the United States.

We reserve the right without prior notice to discontinue or change prices, quantities, and specifications of any product or services offered on this website without

incurring any obligations (although changes to specifications and pricing will not affect orders placed prior to the change). All products displayed on this website are available while supplies last. Furthermore, not all products and services are available in all areas. Please confirm availability prior to purchasing any product or service.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may also cancel any sale and/or issue a return authorization for merchandise that is unexpectedly out of stock, does not conform to specifications, or that was advertised or shipped in error. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and credit card account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, security codes, and expiration dates, so that we can complete your transactions and contact you as needed.

3. Disclaimer of Accuracy of Information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

While good faith efforts have been made to display as accurately as possible the colors and images of our products that appear on our website. The display on your device may depict a product differently than it actually is. Therefore, we do not warrant that the color, texture, quality, size, or fit of any products will meet your expectations. All returns or exchanges are subject to our Return & Exchange Policy.

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addresses within the following states: Alabama, Arizona, California, Colorado, Connecticut,

Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana,

Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York,

North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia,

Washington, and Wisconsin.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Privacy and Personal Information. We recommend that you review our PRIVACY POLICY which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the website. Unfortunately, we cannot ensure that all personal information will never be disclosed in ways not otherwise described in the PRIVACY POLICY. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. While we take reasonable efforts to encrypt credit card and other confidential information, we are not responsible for the unforeseeable disclosure of such information.

5. Links. This site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. Your access to linked sites is at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

You may not provide a hypertext link to the website on another website or platform without first obtaining our written approval. Any links to this website must clearly and accurately identify Mapale and the correct URL. The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time at our sole discretion.

6. Compliance with Laws and Prohibited Conduct. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site and your purchase of the items on the site. You may not use any device, software or routine, including but not limited to any malware, ransomware, viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the site or to surreptitiously intercept or expropriate any system, data or personal information from the site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks or "spam" or similar unsolicited mass e-mailing techniques.

In addition, you are absolutely prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any

federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) for any immoral, obscene or indecent purpose; or (g) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or the site for violating any of the prohibited uses.

7. Ownership & Use of Intellectual Property. This website and all intellectual property rights included in or related to the site (including but not limited to copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in the website and the intellectual property rights remain our property. Please note that pictures of products and/or persons on the website are NOT in the public domain and you are NOT permitted to copy, download, modify or redistribute or redisplay these images without our prior written consent. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the website. Furthermore, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the website or its content. Mapale’s trademarks (whether registered or not) may not be used by you for any purpose.

8. Disclaimer of Warranties. We do not guarantee, represent or warrant that any of our products or your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

9. Limitations of Liability. USE OF WEB SITE: NEITHER MAPALE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE WEB SITE EXCEED US$50.

PRODUCTS & SERVICES: NEITHER MAPALE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF OUR PRODUCTS OR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO SUCH PRODUCTS OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR SUCH PRODUCT OUT OF WHICH LIABILITY AROSE.THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY

IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

10. Indemnification. You agree to indemnify, defend and hold harmless Mapale, its shareholders, members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. Entire Agreement. The failure of Mapale to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

12. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Governing Law and Jurisdiction. These Terms of Service and any purchase orders whereby we provide you goods or services shall be governed by and construed in accordance with the substantive laws of the State of Florida. We specifically disclaim the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the State of Florida, Broward County and further agree that any cause of action you may bring or that may be brought against you arising out of your use of the website or any product or service ordered by you through the site shall be brought by you exclusively in a state or federal court located in the State of Florida, Broward County.

14. State Specific Legal Notices. Pursuant to California Business and Professions Code section 17538 and California Civil Code section 1789.3, residents of California who use this site are advised of the following: Grupo Espiral LLC dba Mapale, located at 11330 Interchange Circle North Miramar, Florida 33025, is the provider of the electronic commercial service on this site. Although Mapale reserves the right to begin charging for use of all or any portion of this site, currently there are no charges to the consumer imposed by Mapale for use of this site, other than the cost of any products purchased on or through the site and any applicable taxes and shipping fees associated with such purchases. These charges appear for each purchase on the web pages relating to each purchase. The purchase rules are contained in these Terms of Use. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 800 952-5210. Upon your request, you may have this

Agreement sent to you by email. We encourage you to contact Mapale to resolve any complaint regarding any aspect of service relating to this site by writing to the above address, or contacting our customer service department at (888) 402-0012.

15. Other General Provisions. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and us. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16. Contact Mapale.

Grupo Espiral LLC dba Mapale 11330 Interchange Circle North Miramar, Florida 33025
(954) 430-3632

(888) 402-0012

????@mapalewear.com

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