Terms & Conditions

MONDRAGON MERCH LLC TERMS OF USE 

THESE TERMS OF USE, including any additional terms and conditions that are referenced  herein or presented elsewhere on the Site (defined below) generally or in relation to a specific  service or feature, including our Privacy Policy (collectively, the “Terms” and/or “Agreement”), set forth the terms and conditions that apply to your use of the Site. Mondragon Holdings LLC and  

its affiliates (individually and collectively, “Mondragon”) is the owner of the website and all rights therein and associated therewith, including,  

but not limited to, the copyrights and trademarks (hereinafter, individually and collectively, the  “Site”). 

Your access to the Site is subject to these Terms, and by using this Site, you agree to follow and  be bound by the Terms, and further agree to comply with all applicable laws and regulations,  including United States and Florida laws. In these Terms, the words “you” and “your” refer to each  customer, Site visitor, or user. “we,” “us,” and “our” refers to Mondragon. “Services” refers to all  services provided by us on the Site. 

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18  YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO A  CONTRACT. Minors are not eligible to use the Site without the supervision of a legal guardian  and we ask that they do not submit any personal information to us. You acknowledge that we  reserve the right to refuse service to anyone and to cancel user access at any time. 

Changes to Terms: It is your responsibility to review the Terms periodically. If you do not agree  to the Terms, do not use this Site. We may modify these Terms at any time without notice to you,  and such modifications, additions, or deletions shall be effective immediately upon posting.  

Changes to Site: We reserve the right to modify, change, or discontinue any aspect, service, or  feature of the Site, including, but not limited to, the content, availability, and equipment needed to  access or use the Site, at any time and without notice. If you have any questions about these Terms, please contact us through the “Contact” portal.  

Date of Last Revision: March 8, 2022 

Your Account: During your use of the Site, it shall be solely your responsibility to maintain the  confidentiality of your e-mail address, password, and any other account identifiers related to any  personal account you created on the Site (the “Account”), and for restricting access to other users  or computer(s). You also acknowledge and accept sole responsibility for any and all activity that  occurs under your Account. 

Monitoring: We shall have the right, but not the obligation, to monitor your or other users’ use of  the Site to determine compliance with the Terms and to satisfy any law, regulation, or authorized  government request. We may share personally identifiable information in response to a law  enforcement agency’s request, or where we deem, in our sole discretion, that it is necessary or  otherwise required by law. For more information on what information we may or may not disclose,  please see the Privacy Policy, incorporated herein by reference. 

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Ownership: This Site is owned and operated by Mondragon. Aside from third-party licensed  content, all rights, title, and interest in and to the Materials provided on this Site, including, but  not limited to, information, documents, logos, graphics, sounds, images, audio-visual works,  characters, and the intellectual property rights therein, including, without limitation, copyright and  trademark (the “Materials”) are owned by us. “Mondragon” and various other designs are  trademarks and are the exclusive property of Mondragon. Except as otherwise expressly provided  herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded,  posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed  to confer any license under any of our intellectual property rights, whether by estoppel,  implication, or otherwise. Any rights not expressly granted herein are reserved by us. Any use of  the Materials that is not expressly authorized herein is prohibited.  

Accuracy of Information: Mondragon uses its best efforts to ensure that all of the information on  the Site is complete, accurate, and up to date. However, information on the Site may from time to-time be inaccurate, incomplete, and/or outdated. All specifications, products, descriptions, and  prices of products on the Site are subject to change at any time without notice. While we use all  best and reasonable efforts to accurately display the accurate attributes of our products, we cannot  guarantee the complete correctness of the information, content, or Materials provided throughout  the Site. Furthermore, the presence of any products or Services on the Site at a particular time does  not mean that these products or Services remain available. We reserve the right to discontinue any  product or Service at any time and for any or no reason.  

Electronic Communication: By making a purchase or creating an Account on the Site, you  acknowledge and understand that we may, on occasion, send you communications or data via  email regarding our products, Services, and promotions. You agree to receive such  communications from us. Unless an email is necessary to facilitate a transaction, such as to  complete a sale or provide you with information related to a purchase, we will give you the  opportunity to opt-out of receiving these commercial emails from us by following the opt-out  instructions provided in such messages. You acknowledge and agree that all agreements, notices,  disclosures, and other communications that we provide to you by email satisfy any legal  requirement that such communications be in writing.  

Pricing: Prices displayed on the Site are quoted in U.S. currency and are valid and effective only  in the United States. Prices are subject to change at any time. 

Shipping: When an order is placed, it will be shipped to an address designated by you as long as  that shipping address is compliant with the shipping restrictions listed on the Site or imposed by  State, Federal, or International laws. You'll be notified at checkout if we're unable to ship specific  items to the address you've selected. Please also check the item’s detail page for any item-specific  shipping restrictions. All purchases from the Site are made pursuant to the Shipping and Return  Policy, incorporated herein by reference.  

Confirmation of Orders: While it is our practice to confirm orders by email, the receipt of an  email order confirmation does not constitute our acceptance of an order. We reserve the right,  without prior notice, to limit the order quantity on any product and/or to refuse service to any 

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customer. We also may require verification of information prior to the acceptance and/or shipment  of any order.  

Cancellation or Refusal of Orders: Mondragon reserves the right to refuse any order placed on  the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per  household, or per order. These restrictions may include orders placed by or under the same  Account, the same credit card, and/or orders that use the same billing and/or shipping address. In  the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve  the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,  resellers, distributors, or competitors.  

Availability of Products or Merchandise: Mondragon prides itself in providing exclusive,  quality service. Products and merchandise may be available only in limited quantities or only while  supplies last. Once an item is out of stock, we will attempt to remove the item promptly from  display on the Site. Display of an item on the Site is not a guarantee that the item is currently in  stock or that it will be available during your visit. If you are unable to locate a particular item or if  you have any questions concerning the availability of a particular item, please contact us at  customerservice@mondragonmerch.com

Shipping Internationally: The merchandise sold throughout the Site is specifically tailored to comply with U.S laws and regulations. If you are a non-U.S. based purchaser, please be advised  that other countries, outside of the United States and its territories, may have laws or regulatory  requirements that differ from those in the U.S. As such, our ability to ship to areas outside of the  United States may be limited and/or incur additional charges for shipping and handling.  

Third-Party Content: The Site may contain links to websites controlled by third parties. We have  no control over the content of any third-party site, and these Terms do not govern your use of any  such third-party site. Additionally, the Site may reference products, services, or other information  by trade name, trademark, or otherwise, and such reference shall not be construed as an  endorsement, sponsorship, or recommendation of or by such third parties unless expressly stated to the contrary.  

Submissions: Unless otherwise noted, Mondragon does not allow users to submit content to the  Site. Mondragon will not and cannot review any submitted content and is not responsible for any such content. 

From time to time, at our discretion, Mondragon may allow users to post comments or reviews (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis  and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to  fully exploit such User Comments. When you submit a User Comment, you agree not to submit,  transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful,  obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's  privacy, or is otherwise objectionable; (ii) that infringes the intellectual property rights of any  party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary  rights; or (iii) which contains a chain letter or constitutes any form of commercial solicitation, 

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political campaign, mass mailing, “spam,” or software virus. You may not use a false e-mail  address or otherwise provide information that would be misleading as to the origin of such content.  Although we do not regularly review User Comments submitted to the Site, we reserve the right  to edit or remove any User Comments that we find objectionable for any reason, including, but not  limited to, a violation of the above. By submitting content to the Site, you automatically grant to  us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual,  irrevocable right and license to use your user name or the content in any manner that we deem  appropriate, in our sole and exclusive discretion. Although User Comments may be posted on the  Site, the posting of those submissions does not in any way constitute our endorsement of such User  Comments. We are not responsible or liable for any claim, including, without limitation, loss or  injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights,  actual, consequential or punitive damages, personal injury, or wrongful death made in connection  with User Comments. You agree to defend, indemnify, and hold us harmless from and against any  and all claims arising out of or relating to any User Comments that you submit to the Site. 

User Behavior: Mondragon grants you permission to use the Site subject to all of the terms and  conditions set forth in these Terms. As a condition of use, you agree not to use the Site for any  purpose that is unlawful. You agree to abide by all applicable local, state, national, and  international laws and regulations, including, without limitation, all intellectual property laws  (such as U.S. copyright laws). Any unauthorized use of the Site is expressly prohibited. 

By way of example, you agree not to (a) take any action, or (b) upload, download, post, submit or  have Mondragon upload or post on your behalf or otherwise distribute or facilitate distribution of  any material and/or content, using any communications service or other service available on or  through the Site, that:  

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other  right of any other person or entity; or  
  • is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,  invasive of another’s privacy, tortious, offensive, profane, pornographic, or  obscene, or promotes hate or incites violence; or  
  • misrepresents the source, identity, or content of information transmitted via the  Site; or  
  • constitutes unauthorized or unsolicited advertising, junk or bulk email  (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity  requests, or any other similar solicitation; or  
  • contains software viruses or any other computer codes, files, or programs that are  designed or intended to disrupt, damage, limit, or interfere with the proper function  of any software, hardware, or telecommunications equipment or to damage or  obtain unauthorized access to any system, data, or other information of Mondragon 

or any third party; or  

  • impersonates, or falsely indicates an affiliation with, any person or entity,  including, without limitation, any employee or representative of Mondragon; or  • collects, or attempts to collect, personal information about users without their  

consent or constitutes a solicitation, for commercial purposes, of any users of the  Site; or 

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  • otherwise violates these Terms, the Privacy Policy, Return & Shipping Policy, or  any other policy posted on the Site.  

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in  Mondragon’s sole discretion, an unreasonable or disproportionately large load on Mondragon’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any  activities conducted on the Site; (iii) alter or modify any part of the Site; (iv) bypass any measures  Mondragon may use to prevent or restrict access to the Site, other accounts, or computer systems  or networks connected to the Site; or (v) interfere with any other user’s enjoyment of the Site,  including, without limitation, accessing an account of a Mondragon user that is not yours. 

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile,  disassemble, or reverse engineer any part of the Site, any content of third parties or any other  content available through the Site (except to the limited extent applicable laws specifically prohibit  such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that you  receive hereunder. In addition, you may not remove any proprietary notices, marks, or labels. 

You shall not launch or otherwise use any robot, spider, scraper, or other automated means to  access the Site in a manner which sends more request messages to the Mondragon server in any  given period of time than a typical human would normally produce in the same period by using a  conventional online web browser to read, view, and purchase Materials. Notwithstanding the  foregoing, we grant the operators of search engines permission to use robots to copy Materials 

from the Site for the sole purpose of creating publicly-available searchable indexes of the  Materials, but not caches or archives of the Materials, provided that we reserve the right to revoke  these exceptions either generally or in specific cases. 

DISCLAIMER OF WARRANTY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE  SITE IS AT YOUR SOLE RISK. THE SITE, AND ALL MATERIALS PROVIDED ON OR  THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS  IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW,  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS  OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON 

INFRINGEMENT. 

WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES, OR MATERIALS WILL  MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR MATERIALS WILL BE  AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C)  THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY  SERVICES OR MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR  RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR  OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH  THE SITE, OR IN RELIANCE ON THE MATERIALS OR SERVICES, WILL MEET YOUR  EXPECTATIONS.

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OBTAINING ANY MATERIALS OR SERVICES THROUGH THE USE OF THE SITE IS  DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO  RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF  DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR  INFORMATION. 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE  TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR  CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING, WITHOUT  LIMITATION, ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST  PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF  SUBSTITUTE GOODS OR SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY  FAILURE OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE,  THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO,  ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR  TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS  LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR  BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER  ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH  LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY  OF SUCH LOSS OR DAMAGE. 

Indemnification: You agree to defend, indemnify, and hold us harmless from and against any and  all claims and expenses, including, but not limited to, attorneys’ fees and court costs, that arise out  of or are related to your use of the Site.  

Interpretation: These Terms were written in English (U.S.). To the extent any translated version  of this Agreement conflicts with the English version, the English version controls.  

Statement of Rights and Responsibilities: These Terms govern our relationship with you and  others who interact with the Site as well as other products and Services, if any. By using or  accessing the Site or our Services, you agree to these Terms, as updated from time to time.  

Privacy: Your privacy is very important to us. We designed our Privacy Policy, incorporated  herein by reference, to make important disclosures about how you can use the Site and how we  collect and can use the content and information you share with us. We encourage you to read the  Privacy Policy, and to use it to help you make informed decisions.  

Advertising: We may run advertisements and promotions from third parties on the Site. Your  business dealings or correspondence with, or participation in promotions of, advertisers other than  us, and any terms, conditions, warranties, or representations associated with such dealings, are  solely between you and such third party. We are not responsible or liable for any loss or damage  of any sort incurred by you as the result of any such dealings or as the result of the presence of  third-party advertisers on the Site.

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Mobile and Other Devices: We currently provide our Site for free, but please be aware that your  carrier's normal rates and fees, such as data charges, will still apply. 

Termination: If you violate the letter or spirit of these Terms, or otherwise create risk or possible  legal exposure for us, we can stop providing all or part of the Site and/or Services to you.  

Disputes: You will resolve any claim, cause of action or dispute you have with us arising out of  or relating to these Terms or the Site exclusively in the U.S. District Court for the Middle District  of Florida or a state court located in Orange County, Florida, and you agree to submit to the  personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the  State of Florida will govern these Terms, as well as any other claim that might arise between you  and us, without regard to conflict of law provisions. 

Miscellaneous: The Terms, Privacy Policy, and Shipping and Return Policy constitute the entire  Agreement between you and us and supersede all previous written or verbal agreements between  you and us with respect to the subject matter herein. If any portion of these Terms are found to be  unenforceable, the remaining portions will remain in full force and effect. If we fail to enforce any  of these Terms, it will not be considered a waiver. These Terms shall be deemed a joint work  product of you and us and may not be construed against either party by reason of its/his/her preparation or word processing. If any term of this Agreement is to any extent illegal, otherwise  invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity  or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent  permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that  is valid and enforceable and that comes closest to expressing the intention of such invalid or  unenforceable term. The section headings contained herein are for convenience only and shall not  impact the meaning or effect on the content of the Terms. The Terms and Privacy Policy shall be  interpreted to give them fair meaning, and any ambiguity shall not be construed against either party  as the primary drafter hereof. 

If you access the Site from outside the United States, you accept full responsibility for compliance  with local laws.  

Any amendment to or waiver of these Terms must be made in writing and signed by us. You will  not transfer any of your rights or obligations under these Terms to anyone else without our written  consent. All of our rights and obligations under these Terms are freely assignable by us in  connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 

Nothing in these Terms shall prevent us from complying with the law. 

These Terms do not confer any third-party beneficiary rights. We reserve all rights not expressly  granted to you. You will comply with all applicable laws when using or accessing the Site. 

DMCA Policy: Mondragon respects the intellectual property rights of others and expects its users  to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of  which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mondragon will respond expeditiously to 

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claims of copyright infringement committed using Mondragon’s service(s) and/or the Mondragon website (the “Site”) if such claims are reported to Mondragon’s Designated Copyright Agent  identified in the sample notice below. 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any  exclusive right under copyright, please report alleged copyright infringements taking place on or  through the Site by completing the following DMCA Notice of Alleged Infringement and  delivering it to Mondragon’s Designated Copyright Agent. Upon receipt of Notice as described  below, Mondragon will take whatever action, in its sole discretion, it deems appropriate, which  may include removal of the challenged content from the Site. 

DMCA Notice of Alleged Infringement (“Notice”) 

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple  copyrighted works are covered by this Notice - you may provide a representative list of the  copyrighted works that you claim have been infringed. 
  2. Identify the material or link you claim is infringing (or the subject of infringing activity)  and to which access is to be disabled, including at a minimum, if applicable, the URL of  the link shown on the Site or the exact location where such material may be found. 
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and,  if available, email address. 
  4. Include both of the following statements in the body of the Notice: 

o “I hereby state that I have a good faith belief that the disputed use of the copyrighted  material is not authorized by the copyright owner, its agent, or the law (e.g., as a  fair use).” 

o “I hereby state that the information in this Notice is accurate and, under penalty of  perjury, that I am the owner, or authorized to act on behalf of the owner, of the  copyright or of an exclusive right under the copyright that is allegedly infringed.” 5. Provide your full legal name and your electronic or physical signature. 

Deliver this Notice, with all items completed, to Mondragon’s Designated Copyright Agent: 

Brenda Mondragon 

6526 Old Brick Road 

Suite 120-278 

Windermere, FL 34786 

Or email us:  customerservice@mondragonmerch.com

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