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Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by The Pico Blvd Group dba Muertolandia.com (“Muertolandia.com,” “we,” “us,” or “our”). By accessing or using this website or purchasing from us, you agree to be bound by these Terms of Service (“Terms”).

Our store is hosted on Shopify Inc.

SECTION 1 - ONLINE STORE TERMS

You represent that you are at least the age of majority in your state of residence.

You may not use our products or services for unlawful purposes.

Violation of these Terms may result in termination of Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service at any time.

Credit card information is encrypted during transfer.

You may not reproduce or exploit any portion of the Service without written permission.

SECTION 3 - ACCURACY OF INFORMATION

We are not responsible for inaccurate or incomplete information on this site.

SECTION 4 - MODIFICATIONS TO SERVICE

We may modify or discontinue the Service without notice.

SECTION 5 - PRODUCTS OR SERVICES

Products may have limited quantities and are subject to our Return Policy.

We reserve the right to limit or discontinue products at any time.

SECTION 6 - BILLING AND ACCOUNT INFORMATION

We may refuse or cancel orders.

You agree to provide accurate billing information.

For support, contact:
elrey@muertolandia.com

SECTION 7 - OPTIONAL TOOLS

Third-party tools are provided “as is.”

SECTION 8 - THIRD-PARTY LINKS

We are not responsible for third-party content.

SECTION 9 - USER COMMENTS

You grant us rights to use submitted comments without restriction.

SECTION 10 - PERSONAL INFORMATION

Personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS AND OMISSIONS

We reserve the right to correct errors at any time.

SECTION 12 - PROHIBITED USES

You may not use the site for unlawful purposes or violate intellectual property laws.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

All products and services are provided “as is” without warranties of any kind.

To the maximum extent permitted by law, The Pico Blvd Group dba Muertolandia.com shall not be liable for indirect, incidental, punitive, or consequential damages arising out of your use of the Service or products.

If limitations are not permitted in your jurisdiction, liability shall be limited to the maximum extent permitted under applicable law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless The Pico Blvd Group dba Muertolandia.com from any claims arising from your breach of these Terms or violation of law.

SECTION 15 - SEVERABILITY

If any provision is unenforceable, the remaining provisions remain in effect.

SECTION 16 - TERMINATION

We may terminate access if you violate these Terms.

SECTION 17 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us.

SECTION 18 - GOVERNING LAW

These Terms are governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and, to the extent not preempted, the laws of the State of California.

SECTION 19 - MOBILE PROGRAM / SMS TERMS OF SERVICE

The Muertolandia mobile message service (the "Service") is operated by Muertolandia (“Muertolandia”, “we”, or “us”).

By consenting to Muertolandia’s SMS/text messaging service, you agree to receive recurring SMS/text messages, including messages sent using an automatic telephone dialing system, even if your number is on a federal or state Do Not Call list.

Messages may include service alerts and promotional offers.

Consent is not a condition of purchase.

Message and data rates may apply.

You may opt out at any time by texting STOP to +18555124892. For assistance, text HELP to +18555124892 or email elrey@muertolandia.com.

Wireless carriers are not liable for delayed or undelivered messages.

We are not liable for failed or delayed delivery of information sent through the Service.

SECTION 20 - MANDATORY ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

1. Agreement to Arbitrate (FAA Governed)

You and Muertolandia.com agree that any dispute, claim, or controversy arising out of or relating to:

  • These Terms

  • Your use of the website

  • Any product purchased

  • The Mobile Program / SMS Terms

  • Any alleged violation of the Telephone Consumer Protection Act (TCPA)

  • Any state telemarketing, consumer protection, unfair trade practices, or deceptive trade statutes (including those of Texas and Florida)

shall be resolved exclusively by final and binding arbitration.

This agreement is governed by the Federal Arbitration Act (FAA) and shall be interpreted broadly in favor of arbitration.

2. 30-Day Right to Opt Out

You have the right to opt out of this arbitration agreement.

To opt out, you must send written notice within 30 days of first accepting these Terms. Your notice must include:

  • Your full legal name

  • The email address used in connection with your purchase or account

  • A clear statement that you wish to opt out of arbitration

Notices must be sent to:
elrey@muertolandia.com

If you opt out, neither party will be bound by this arbitration provision.

Failure to opt out within 30 days constitutes acceptance of this arbitration agreement.

3. Delegation Clause

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

4. Class Action Waiver

You agree that arbitration shall be conducted on an individual basis only.

You waive the right to participate in any class action, collective action, private attorney general action, or representative proceeding.

The arbitrator may not consolidate claims.

If the class action waiver is found unenforceable, the class claim shall be severed and litigated in court, but the remainder of this arbitration agreement shall remain enforceable.

5. Jury Trial Waiver

To the extent any dispute proceeds in court, you and Muertolandia.com waive the right to a jury trial.

6. Arbitration Rules

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Proceedings may occur in the consumer’s county of residence or via remote appearance.

7. Small Claims Carve-Out

Either party may bring an individual claim in small claims court if it qualifies and remains an individual (non-class) matter.

8. Survival

This arbitration provision survives termination of your relationship with Muertolandia.com, including termination of the Mobile Program.

SECTION 21 - CHANGES TO TERMS

We may update these Terms at any time by posting revisions on this website.

SECTION 22 - CONTACT INFORMATION

Questions about these Terms should be sent to:

elrey@muertolandia.com