Terms & Conditions

CONDITIONS OF USE
When you use this website, you are automatically agreeing that both your access to the site and your
use of it are:
Subject to the terms and conditions in this legal notice, which may change at any time without notice.
Subject to all applicable laws.
Undertaken at your own risk.
Please refer to this page frequently to review our current terms and conditions of use.

Thank you for shopping at Elephantito. Elephantito is a childrenswear brand that design, produce, and
sells children shoes. We are located at 5825 Sunset Drive, Suite 305 -South Miami, FL 33143 Tel.
1.888.776.9541 Fax. 305.503.8886. We own and operate this website, www.elephantito.com, including
any content, functionality, products, and services offered on or through www.elephantito.com (the
"Website").

These terms of use are entered into by and between you and MGF Design Group, Inc., d/b/a Elephantito
(“Elephantito”, “we”, “us” and “our”). The following terms and conditions, together with any documents
they expressly incorporate by reference (collectively, these “Terms and Conditions”) govern your access
to and use of the Website, whether as a guest or a registered user. The terms “you” and “your” refer to
persons and businesses that visit our Website.

ABOUT THIS WEBSITE

This Website is provided by us solely to provide customers with information about our products and
enable customers to make legitimate purchases, and for no other purposes. Use of this Website is
governed by the following Terms and Conditions. By using this Website, you agree to these Terms and
Conditions and our Returns and Exchanges, incorporated herein by reference, and agree that they
control your use of the Website and any purchases you make through the Website. If you do not agree
with any part of these Terms and Conditions you may not access or use our Website or order products
through the Website.

These Terms and Conditions are a legal agreement that governs your access to and use of our Website
and your purchase of products we make available through our Website.

THESE TERMS AND CONDITIONS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND ELEPHANTITO THAT
IN ANY WAY RELATE TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE WILL BE RESOLVED
BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT
(INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE
TERMS AND CONDITIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A
JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE
SECTION BELOW ENTITLED ARBITRATION FOR THE DETAILS REGARDING YOUR AGREEMENT TO
ARBITRATE ANY DISPUTES WITH ELEPHANTITO.

CHANGES TO THESE TERMS AND CONDITIONS

We may modify, update, or remove portions of these Terms and Conditions at any time, effective upon
posting. The version of these Terms and Conditions that are in effect will always be posted on this
Website. We will provide notice of any material changes by posting the revised Terms and Conditions
with an updated "Last Updated” Date. If you object to any modification to the Website, your sole
recourse is to cease using the Website. Your continued use of the Website following any modification
will be deemed an acceptance of the changes. Please also note that these Terms and Conditions may be
superseded by terms located on particular pages of this Website. Please return to this page periodically
to review any changes.

ELIGIBILITY; WEBSITE ACCESS; SECURITY AND RESTRICTIONS; PASSWORDS

You agree to fully, accurately, and truthfully create your Elephantito Account (“Account”), including but
not limited to your name, phone number, email address, and password, which become your Elephantito
ID and credentials. The Elephantito ID or credentials are personal to you, and you are solely responsible
for maintaining the confidentiality of your Elephantito ID or credentials, and for all activities that occur

under such Elephantito ID or credentials. You agree to prohibit anyone else from using your Elephantito
ID or credentials and agree to immediately notify Elephantito of any actual or suspected unauthorized
use of your Elephantito ID or credentials or other security concerns of which you become aware. Your
access to the Website may be revoked by Elephantito at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Website, including, without
limitation: (a) accessing data not intended for such user or logging onto a server or an account which the
user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or
network or to breach security or authentication measures without proper authorization; or (c) accessing
or using the Website or any portion thereof without authorization, in violation of these Terms and
Conditions or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or
copy data on the Website, deep-link to any feature or content on the Website, bypass our robot
exclusion headers, or other measures we may use to prevent or restrict access to the Website.
Violations of system or network security may result in civil or criminal liability. Elephantito may
investigate occurrences that may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such violations. You agree not to use
any device, software, or routine to interfere or attempt to interfere with the proper working of this
Website or any activity being conducted on this Website.

ELECTRONIC COMMUNICATIONS

When you use the Website, or send emails, messages, and other communications from your desktop or
mobile device to us, you are communicating with us electronically. You consent to receive
communications from us electronically. You agree that (a) all agreements and consents can be signed
electronically and (b) all notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such notices and other communications be in writing.
Elephantito may contact you by phone, mail, or email to verify your Account information. Elephantito

may request further information from you and you agree to provide such further information to ensure
that you have not fraudulently created your Account. If you do not provide this information in the
manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny
your access to and use of the Website and any purchase of products until you provide the information to
us as requested.

CAN-SPAM ACT COMPLIANCE

Elephantito is committed to being compliant with the Controlling the Assault of Non-Solicited
Pornography and Marketing Act (“CAN-SPAM ACT”). Emails and newsletters received from us are
intended to fully comply with the CAN-SPAM ACT. In the event you receive an email from us which you
do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at
customerservice@elephantito.com.

OWNERSHIP OF THE WEBSITE

All pages within this Website and all content on this Website are owned exclusively by Elephantito and
our licensors and are protected by United States and international trademark copyright laws. All
copyright, trademark, and other proprietary rights used in this Website are reserved to Elephantito and
our licensors. You acknowledge that the content available on this Website including, without limitation,
text, graphics, software, photographs, audio and video, is protected by copyright, trademarks, patents,
or other proprietary rights and laws. You are hereby granted only a personal non-exclusive, non-
transferable, revocable, limited license to view and use this Website for the sole purpose of using or
placing an order for products. You may not remove or obscure the copyright notice or other notices
displayed on this Website. Except as expressly provided in this Agreement, nothing contained in these
Terms and Conditions or this Website shall be construed as conferring any other license or right,
expressly, by implication, by estoppel, or otherwise under any trademark, copyright or other intellectual
property rights owned by Elephantito or our licensors. Any rights not expressly granted herein are
reserved.

AUTHORIZED USERS

You must be at least 18 years old hand have the legal power to enter into contract in order to access and
use this Website and order products from us. If you are under 18 you may only use this Website and
order products from us if you are at least 16 years old and have the permission of your parent or legal
guardian. By using our Website, you confirm that you are at least 18 years old or that you are at least 16
years old and have your parent's or guardian’s permission. If we learn that we have collected personal
information from someone under the age of 16, we will promptly delete that information. If you believe
we have collected personal information from someone under the age of 18, please contact us at
customerservice@elephantito.com.

PRIVACY

Elephantito values your trust. We try to use reasonable technical and administrative measures to
protect your personal information. Unfortunately, no data transmission can be guaranteed to be 100%
secure. If you have reason to believe that your personal data that you provide to us is not secure please
immediately notify us at customerservice@elephantito.com so that we may try to address your
concerns.

You agree that information provided by you in connection with the Website or the purchase of a
product shall be governed by our Returns and Exchanges policy Please read our Privacy Policy on this
Website so you understand exactly how we will be using and storing the information that you provide.
By using our Website, you confirm that you understand and consent to the information collection, use,
processed and disclosure practices described in our Privacy Policy. If you object to your information

being collected, used, processed or disclosed in this way, please do not use our Website. Elephantito
may de-identify your information such that it is no longer considered personally identifiable
information. Elephantito may disclose, aggregate, sell, or otherwise use such de-identified information
to third parties for analytics, research, or other purposes.

USER INFORMATION

If you submit, upload, post, or transmit any information, personal information, requests, product
reviews, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our
Website (“User Information”), you agree not to provide any User Information that (a) is false,
inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent,
pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or
infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of
any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not
to contact other Website users through unsolicited email, phone calls, mailings, or any other method of
communication. You represent and warrant to Elephantito that you have the legal right and
authorization to provide all User Information to Elephantito for use as set forth herein and required by
Elephantito. Elephantito may delete any information provided by you that it deems in its sole discretion
fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual
property or ownership right of any other person or entity.

Any User Information posted on the Website for the public will be considered non-confidential and non-
proprietary. By providing any User Information on the Website, you grant Elephantito and Elephantito’s
affiliates and service providers, and each of the respective licensees, successors and assigns the right to
use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such
material for any purpose. You represent and warrant that: (a) you own or control all rights in and to the
User Information and have the right to grant the license granted above to Elephantito and its affiliates
and service providers, and each of the respective licensees, successors and assigns; and (b) all of your
User Information do and will comply with these Terms and Conditions. You understand and
acknowledge that you are responsible for any User Information you submit or contribute, and you, not
Elephantito, are fully responsibility for such content, including its legality, reliability, accuracy, and

appropriateness. Elephantito is not responsible, or liable to any third party, for the content or accuracy
of any User Information posted by you or any other user of the Website.

PROHIBITED ACTIVITY

Neither the Website nor the products obtained from the Website may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written
consent of Elephantito. You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form) of Elephantito without
express written consent. You may not use any meta tags or any other "hidden text" utilizing
Elephantito’s name or trademarks without the express written consent of Elephantito. You may use the
Website only as permitted by law.

You agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful
purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or
information (including, without limitation, advice, and recommendations) (collectively “Information”)
which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual
property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time
bomb, malware, or other computer programing or code that is designed or intended to damage,
destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website
or the Services, personal information, software, equipment, servers, or Information or facilitate or
promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or
misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise
corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or
scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile,
disassemble, translate, or otherwise alter, defraud, or create false results from any executable code,
information on, or received by this Website; (vii) to have any antivirus or antispyware software running
that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any
message transmitted to Elephantito; (ix) alter the attribution or origin of electronic mail, messages, or
posting; (x) harvest or collect personal information about any other individual who uses the Website or
the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade
secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such
rights of third parties.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your mobile phone, computer equipment,
computer programs, or data due to your use of this Website.

If you engage in any of these prohibited activities, we reserve the right to cancel your use of this
Website, as well as pursue other legal remedies, and report your actions to applicable legal authorities.

THIRD-PARTY LINKS

This Website may contain links to social media and third-party websites. We do not endorse and are not
responsible or liable for any such other websites or any content or materials thereon, including such
sites’ availability, accuracy, the related content, products, or services. You are solely responsible for your
use of any such third-party websites and you may be subject to any applicable third-party terms and
conditions. We will not be responsible for any loss or damage caused by a distributed denial-of-service
attack, viruses, or other technologically harmful material that may infect your mobile phone, computer
equipment, computer programs, or data due to your use of any social media or website linked to this
Website.

USER GENERATED CONTENT

We want to hear from you. You can share information or communicate with us or other users by
providing us with your feedback, text, photos, audio, video, social media posts, and other content (“User
Content”). We hope you will use these tools to give us your feedback.  

When you provide User Content, in any medium via any means, you grant Elephantito a non-exclusive,
worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, copy,
reproduce, process, adapt, modify, publish, transmit, display, prepare derivative works of, distribute,
and otherwise use your User Content in any and all media formats or distribution channels, without
limitation. If the User Content includes personal information, our Privacy Policy describes how 
Elephantito may use such personal information. You are solely responsible for all User Content that you
provide. You further represent and warrant that you either own such User Content or are authorized or
otherwise permitted to grant the rights described herein to Elephantito. You are and remain
fully responsible and liable if any of your User Content violates, infringes, or otherwise
misappropriates the intellectual property or privacy rights of any third party. 

You are not allowed to provide any Prohibited User Content (as defined below). Prohibited User Content
may be removed by Elephantito in our sole discretion. “Prohibited User Content” includes: 

Content created solely for the purpose of advertising or other commercial content, including company
logos, links, or company names; 
Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner; 
Content that endorses or promotes illegal or harmful activity, or that is sexually explicit, violent, graphic,
threatening, or harassing; 
Content that is discriminatory; 
Attempts to impersonate another person, account, or entity, including a representative of  Elephantito; 
Content that is illegal or that violates another person’s or entity’s rights, including intellectual property
rights and privacy rights; and 
Content that includes another person’s private or confidential information. 

TEXT MESSAGING

If you elect to receive marketing text messages from us, either via our website or by sending a text
message indicating your consent, you are providing your prior express written consent to receive
recurring marketing or promotional text messages from us (each, a “Text Message”) that may be sent
through an automatic telephone dialing system. These may include cart abandon messages. Message
frequency varies. This service is optional and is not a condition for purchase. You can opt out of
receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you
receive from us. For help, reply “HELP” to any Text Message you receive from us or email us at
legal@eberjey.com or our text message service provider at textsupport@wunderkind.co.

In addition to any fee of which you are notified, your mobile provider’s message and data rates may
apply to our confirmation Text Message and all subsequent Text Message correspondence according to
your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s
pricing plan to determine the charges for browsing data and sending and receiving Text Messages.
Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless
charges incurred by you or by a person that has access to your wireless device or telephone number.

If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor
the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver,
any Text Messages, as delivery is subject to effective transmission from your network operator. Text
Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text
Message services may include your cell phone number, your provider’s name and the date, time and
content of your text messages. We may use this information in accordance with our Privacy Policy to
contact you and to provide the services you request from us.

For more information on how we use telephone numbers, please read our Privacy Policy. If you change
or deactivate the phone number you provided, you have an affirmative obligation to update your
account information and the phone number(s) attached to your account to prevent us from
inadvertently communicating with anyone who acquires any phone number(s) previously attributed to
you, and any new phone number(s) you attach to your account may receive our standard marketing Text
Messages unless you also unsubscribe via the above procedures.

DISCLAIMERS AND WARRANTY

Your use of this Website is at your own risk. Our website and its content and any services or products
obtained through the Website are provided on an “as is” and “where available” basis. Except to the
extent expressly provided for in these Terms and Conditions and as required under applicable law, we
expressly disclaim all representations or warranties or conditions of any kind or nature whatsoever,
whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing
or usage of trade, and including without limitation, any implied warranties or conditions, any condition
or warranty of merchantability, title or non-infringement of third parties rights and any condition or
warranty of fitness for a particular purpose. If applicable law does not allow the exclusion of some or all
of the above implied warranties to apply to you, the foregoing exclusions will apply to you only to the
extent permitted by applicable law.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining a
means external to our site for any reconstruction of any lost data. We will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data, or other proprietary
material due to your use of the Website or any services or products obtained through the Website or to
your downloading of any material posted on it, or on any website linked to it. Neither Eberjey nor any
person associated with Eberjey makes any warranty or representation with respect to the completeness,
security, reliability, quality, accuracy, or availability of the Website. We make no representations or
warranties that our Website its content or any services or products obtained through the Website will
be accurate, reliable, compatible with your computer, or complete or will be provided on an
uninterrupted, timely, secure or error-free basis or that any errors can or will be corrected or that any

products, content, data or the results derived therefrom will meet your requirements or expectations or
that the website is free of computer viruses and other harmful elements.

GENERAL LIMITATION OF LIABILITY

By using this website, you agree to irrevocably waive any claim against Elephantito or our affiliates or
our or their respective officers, directors, managers, members, shareholders, employees and agents
(collectively, the “Elephantito Parties”) and in no event will the Elephantito Parties be liable to you, or to
any other person, for any losses, costs, or damages of any kind or nature whatsoever, under any legal
theory, (including without limitation special, exemplary, punitive, consequential, incidental or indirect
damages, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of
business or anticipated savings, loss of use, loss of goodwill, and loss of data) that are suffered or
incurred in any connection with: (a) your use of this website, (b) any content on this website, (c) any
failure to provide or delay in delivering any products, (d) hacking, tampering or other unauthorized
access or use of the website or your Account or the information contained therein, or (e) any acts,
omissions, or failures of any third party however caused and regardless of the form or cause of action;
including for breach of contract, tort, negligence, equity, strict liability, by statute or otherwise and
whether or not foreseeable, even if the Elephantito parties or any of the Elephantito parties has been
informed in advance or ought reasonably to have known of the potential for such losses, costs, or
damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing
limitations or exclusions may not apply to you. These Terms and Conditions give you specific legal rights,
and you may also have other rights which vary from jurisdictions to jurisdiction. The exclusions and
limitations of liability stated in these Terms and Conditions will not apply to the extent prohibited by
applicable law.

In the event any of the foregoing limitations are determined to be unenforceable or invalid by a court of
competent jurisdiction, in no event will the liability of the Elephantito parties to you exceed twenty five
($25.00) US dollars.

INDEMNIFICATION

You agree to protect and indemnify the Elephantito Parties (defined above) from and against any claims,
causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of
any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

you personally, or anyone acting on your behalf, in excess of the limitations described above so long as
those limitations are permitted by the laws of your state of residence;
third parties a result of your breach of these Terms and Conditions; or
third parties as a result of your violation of any law or the rights of a third party.

SANCTIONS AND EXPORT POLICY

You may not use our Website to purchase products if you are the subject of US sanctions or of sanctions
consistent with US law imposed by governments of the country where you reside. You must comply with
US or other export restrictions that may apply to goods purchased by you using our Website.

TERMINATION

You agree that we may, in our sole discretion, and at any time, terminate or suspend the operation of
this Website or your use of the Website, without prior notice to you, for any reason that we, in our sole
discretion, deem appropriate. You further agree that we will not be liable to you or to any third party for
the consequences of such termination or suspension. In the event of any termination of your use of or
access to the Website, you agree that the provisions of the Agreement regarding protection of
intellectual property rights and licenses, indemnification, disclaimer of warranties, limitation on liability,
and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such
termination.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

We disclaim any responsibility or liability for copyrighted materials posted on our Website. We are
committed to complying with copyright and related laws, and we require all users of the Website to
comply with these laws. Accordingly, you may not store any material or content on the Website, or use
the Website to disseminate any material or content that constitutes an infringement of third-party
intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in
the United States who believe that their rights under copyright law have been infringed may take
advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to
report alleged infringements. You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate
privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper
notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that material available over the Website constitutes a copyright infringement, we encourage
you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the
DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be
infringing and will follow the procedures specified in the DMCA to resolve the claim. Please address any
such claims to customerservice@elephantito.com along with the following information:

An electronic or physical signature and full legal name of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website, including at a
minimum, if applicable, the URL of the link shown on the Website where such material may be found;
Your address, phone number, and email address;
Include the following statement, "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)”; and
Include the following statement, "I hereby state that the information in this Copyright 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."

GENERAL TERMS AND CONDITIONS

Entire Agreement

These Terms and Conditions and any document expressly referred to in them constitute the whole
agreement between us and supersede all previous discussions, correspondence, negotiations, previous
arrangement, understanding, or agreement between us relating to their subject matter. We each
acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or
warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or
the documents referred to in them.

Assignment

Elephantito may transfer its rights and obligations under these Terms and Conditions to any company,
firm, or person at any time if it does not materially affect your rights under it. You may not transfer your
rights or obligations under these Terms and Conditions to anyone else. These Terms and Conditions are
personal to you and no third party claiming through you is entitled to benefit under these Terms and
Conditions.

No Waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms and
Conditions, such delay or failure does not constitute our waiver of that right or any other rights we have
under these Terms and Conditions or otherwise.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website,
or for any failure or delay by us to comply with these Terms and Conditions, where such lack,
unavailability or failure arises from any cause beyond our reasonable control.

Notices

All notices given by you to us must be sent to Elephantito at customercervice@elephantito.com. Notice
will be deemed received and properly served immediately when a confirming email or other electronic
communication is sent to you. In proving the service of any notice via email, it will be sufficient to prove
that such email was sent to the email address you provide in your customer agreement with us.

Severability

If any provision of these Terms and Conditions is found unenforceable, then that provision will be
severed from these Terms and Conditions and not affect the validity and enforceability of any remaining
provisions.

Interpretation

In these Terms and Conditions: (i) words denoting the singular include the plural and vice versa and
words denoting any gender include all genders; (ii) all usage of the words “including” or “include” or the
phrase “e.g.” in this Agreement shall mean “including, without limitation”; (iii) the division into separate
Articles, Sections, and Subsections, and the insertion of headings is for convenience of reference only
and shall not affect the construction or interpretation of these Terms and Conditions; (iv) words or
abbreviations which have well-known or trade meanings are used herein in accordance with their
recognized meanings; (v) if any action is required to be taken on a day which is not a business day, then
such action shall be taken on the next business day; and (vi) the parties agree that the Agreement shall
not be construed in favor of or against any party by reason of the extent to which any party or its
professional advisors participated in the preparation of the Agreement.

No Relationship

Nothing contained in these Terms and Conditions or this Website shall be deemed or construed to have
created a joint venture, partnership, independent contractor, or employment relationship between
Elephantito and you or any other person based on your use of the Website or purchasing products on
the Website. Neither Elephantito nor you are authorized to act as an agent or legal representative of the
other party or have any power or authority to bind or commit the other party.

ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE
DISPUTES WITH US, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You acknowledge and agree that before initiating any claim against us, you will first give us an
opportunity to resolve your problem or dispute. This includes sending a written description of your
problem or dispute to us including, but not limited to, information or representations related to our
products and upon which you rely. You may send the written description by US certified mail to
Elephantito 5825 Sunset Drive, Suite 305, South Miami, FL 33143. You agree to negotiate with us in good
faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your
satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution
provisions below.

All disputes arising out of, relating to, or in connection with these Terms and Conditions or your use of
the Website including without limitation, products ordered or purchased through the Website, that
cannot be resolved informally or in small claims court will be resolved through binding arbitration on an
individual basis, except that you and Elephantito are not required to arbitrate any dispute in which
either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names,
logos, trade secrets, or patents. You and Elephantito are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall survive termination of these Terms and
Conditions and any other contractual relationship between you and Elephantito.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution
provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). The
arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (collectively, "AAA Rules") of AAA, as modified by these Terms and
Conditions. The AAA’s rules are available at http://www.adr.org/consumer or by calling +1 800 778
7879, or by requesting them from us by writing. During the arbitration, the amount of any settlement
offer made by Elephantito or you shall not be disclosed to the arbitrator. You may download or copy a
form notice for the dispute and a form to initiate arbitration from the American Arbitration Association
at www.adr.org. If you are required to pay a filing fee, after Elephantito receives notice at our address
listed above that you have commenced arbitration, it will promptly reimburse you for your payment of
the filing fee, unless your claim is for more than US $10,000. If the AAA is not available to arbitrate, the
parties will select an alternative arbitral forum. The arbitrator is bound by the terms of these Terms and
Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the
scope and enforceability of these Terms and Conditions, including, but not limited to, this arbitration
agreement. The arbitration will be conducted by a single arbitrator selected by the AAA. Arbitrations will
be held in Miami, Florida.

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration
will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-
appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules. If
your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. If the
arbitrator issues you an award that is greater than the value of Elephantito’s last written settlement
offer made before an arbitrator was selected (or if Elephantito did not make a settlement offer before
an arbitrator was selected), then Elephantito will pay you the amount of the award or US $1,000,
whichever is greater.

Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be
governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if
any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a
written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award
reasonable fees to the prevailing party, under the standards for fee shifting provided by law. If the
arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous
or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you
agree to reimburse Elephantito for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses at any time during the
proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the
merits.

Arbitrators can award the same damages and relief that a court can award, but in so doing, the
arbitrator shall apply substantive law regarding damages as if the matter had been brought in court,
including without limitation, the law on punitive damages as applied by the United States Supreme
Court. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with
each other to agree to reasonable discovery in light of the issues involved and amount of the claim.

You and Elephantito waive any constitutional and statutory rights to go to court and have a trial in front
of a judge or a jury. Rather, you and Elephantito elect to have claims and disputes resolved by
arbitration. In any litigation between you and Elephantito over whether to vacate or enforce an
arbitration award, you and Elephantito waive all rights to a jury trial and elect instead to have the
dispute be resolved by a judge.

Notwithstanding the foregoing, either you or Elephantito may bring an individual action in small claims
court.

This agreement to arbitrate will survive the termination of your relationship with Elephantito.

To the extent the parties are permitted under these Terms and Conditions of Service to initiate litigation
in a court, both you and Elephantito agree that all claims and disputes arising out of or relating to the
Terms or the use of the Products will be litigated exclusively in the federal and state courts located in
Miami-Dade County, Florida. You and Elephantito consent to the personal jurisdiction of both courts.

In order to avoid irreparable injury to Elephantito, in the event of any breach or threatened breach by
you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable
relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting us from
pursuing any other remedies available to us for such breach or threatened breach, including the
recovery of monetary damages from you.

If the arbitration terms and conditions of this section are found to be unenforceable, then (i) the
entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms
and Conditions shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any
claims will be in state or federal courts located in and for Miami-Dade County, Florida.

CLASS ACTION WAIVER

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to provide relief warranted by that
party's individual claim. Likewise, an arbitrator may not consolidate more than one person’s claims and
may not otherwise preside over any form of a representative or class proceeding.

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or
the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such
cause of action or claim is permanently barred.

GOVERNING LAW

Except to the extent they are preempted by US federal law, the laws of the State of Florida, without
giving effect to its principles of conflicts of law, shall govern all disputes arising out of these Terms and
Conditions.

COPYRIGHT/TRADEMARK INFORMATION

The Elephantito logo, and other marks used on this site are the registered and unregistered trademarks
of MGF Design Group, Inc (the “Marks”) and our property. You are not permitted to use these Marks or
the property of other third parties without our prior written consent or the consent of such third party
which may own the trademarks.

This policy was last modified in May 2022.