Culto Futbol Terms and Conditions of Use

Last Updated: August 4, 2025

THESE TERMS AND CONDITIONS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION ALONG WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO JURY TRIAL IN SECTION 10 BELOW THAT IS APPLICABLE TO U.S.-BASED USERS UNLESS THEY OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. THIS MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE, THE USE OF OUR SERVICES, PURCHASE OF PRODUCTS, OR THESE TERMS AND CONDITIONS OF USE, TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY.

These Terms and Conditions of Use (“Terms of Use”) are legally binding and govern your use of the us.cultofutbol.com website and any other websites that link to these Terms of Use (collectively, the “Site”), as well as any purchases of Products made through the Site (“Products”) (together, the “Services”). THESE TERMS OF USE GOVERN THE AGREEMENT BETWEEN YOU AND INNOVASPORT USA (ECOM), LLC (“CULTO FUTBOL", “WE”, “US”, “OUR”) THAT YOU FORM BY ACCESSING OUR SITE OR USING OUR SERVICES. YOUR CONTINUED ACCESS OR USE OF OUR SERVICES FOLLOWING CHANGES TO THESE TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES TO OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

You agree that we may use cookies, pixels, and other tracking technologies, and share website visitor data with other companies, as permitted by applicable law.

1. ACCESSING AND USING OUR SITE

By accessing the Site, you warrant that you are at least 18 years old. We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Any accounts you create are personal to you and you must not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Our Site is intended for personal, non-commercial use and you are prohibited from exploiting it in connection with any business or commercial purpose.

2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms of Use, you are granted a conditional, revokable, limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. The licenses granted by us terminate if you do not comply with these Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms of Use.

In accordance with the Digital Millennium Copyright Act ("DMCA"), Culto Futbol will limit access or terminate the online accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Sites infringes upon a copyright that you own or control, you may email us at contactus@cultofutbol.com. Please see Title 17, Chapter 5, Section 512(c)(3) of Copyright Law of the United States for the requirements of a proper notification.

If you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

You must not use our name, marks, logos, or related names, logos, Product and service names, designs, or slogans without our prior written permission. You must not copy, imitate or use, in whole or in part, the visual design of the Sites, including all headers, custom graphics, button icons, service mark, trademark or trade dress of Culto Futbol, without our prior written permission.

Culto Futbol makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Culto Futbol and Culto Futbol provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Culto Futbol of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

3. USER CONTENT

We may include features on the Site that allow you to share your communications, information, photos or other content (“User Content”) with us and with other users of the Site. You must not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms of Use. By providing any User Content on the Site you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, delete in its entirety, perform, translate, create derivative works from, distribute, and display such User Content anywhere in the world and through any media for any purpose without compensation to you.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above.
  • All of your User Content complies with these Terms of Use and will not cause injury to any person or entity.
  • All “moral rights” that you may have in the User Content have been voluntarily waived by you;
  • All content that you post is accurate and would not be considered objectionable, with what is considered objectionable to be determined by Culto Futbol in its sole discretion at any time.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Culto Futbol reserves the right to remove or to refuse to post any submission for any reason.

4. PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
  • To transmit, post, publish or send any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  • To express or imply that we endorse any statement or posting you make, or any products or services you may offer.

Additionally, you must not:

  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring, scraping or copying any of the material on the Site.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Otherwise attempt to interfere with the proper working of the Site.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site.

5. ENFORCEMENT AND TERMINATION OF SITE USE

We have the right to remove or refuse to post any User Content for any reason in our sole discretion. In addition, we have the right to:

  • Disclose your identity or other information about you (1) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and (2) as applicable to cooperate with any law enforcement authorities or court order.
  • Take appropriate legal action for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any reason.

6. INDEMNIFICATION

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with our Services, any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms of Use.

7. TERMS OF SALE

By placing an order with Culto Futbol, you are (i) offering to purchase a Product, (ii) agreeing to these Terms of Use, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. Purchases for the purpose of resale are not permitted. Any receipt you may provide of an order confirmation does not constitute Culto Futbol's acceptance of an order. We retain the right to refuse any request made by you. Prior to Culto Futbol's acceptance of an order, verification of information may be required. Culto Futbol reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Culto Futbol, for any reason whatsoever. Culto Futbol reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Culto Futbol shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, Culto Futbol will credit your account in the amount of the incorrect price. All features, specifications, Products, prices of Products and Services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any Product and/or refuse service to any customer. Products are available while supplies last. All prices and Products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars; taxes, shipping and handling charges are additional.

Cancelation policy: Orders are processed immediately to ensure timely delivery, so we’re typically unable to cancel an order once it has been submitted. Alternatively, when you receive your order, you may consider returning it in accordance with our Returns Policy.

Shipping, delivery and tracking: You are solely responsible for providing us with a correct and accessible shipping address during the order checkout process.  We are not liable if the delivery address provided to us is incorrect or if you fail to collect the order shipment from the delivery address you provided. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. Any shipping times shown on the Sites are estimates only and actual delivery dates may vary. Culto Futbol reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales or use tax will be added by Culto Futbol as necessary. The risk of loss and title for Product(s) purchased by you pass to you upon our delivery of the Product(s) to the carrier. 

Additional shipping limitations may apply. At this time, orders placed on Culto Futbol USA are shipped only within the contiguous United States (the 48 mainland states connected by land) and cannot be delivered to PO Box addresses. For full details regarding shipping coverage, delivery restrictions, and address requirements, please refer to our Shipping Policy.

Ordering and payment process: Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other fees) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. You agree to keep all payment cards or other payment method information current on your account, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

 

You agree that certain products may be out of stock at the time your order is submitted, in which case we will notify you and issue a full refund.

Returns, refunds and exchanges: You may return eligible items for a refund or exchange, subject to our Returns Policy.

 

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. CULTO FUTBOL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CULTO FUTBOL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) SELLERS AND OTHER THIRD PARTY PROVIDERS WILL COMPLY WITH THEIR RESPECTIVE COMMITMENTS, TERMS OR POLICIES, AND (f) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE TO RELEASE CULTO FUTBOL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF OUR SERVICES, INCLUDING PRODUCTS PURCHASED THROUGH THE SITE AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF PRODUCTS, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CULTO FUTBOL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

CULTO FUTBOL DOES NOT ENDORSE ANY USER CONTENT YOU POST AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT ON THE SERVICES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO CULTO FUTBOL IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

9. GOVERNING LAW AND VENUE

You agree that any action related to the Terms of Use, the Services, and/or your relationship with Culto Futbol will be governed by, and construed and interpreted in accordance with, the laws of the State of [insert state], U.S., and the parties irrevocably consent to dispute resolution per the terms of Section 10 below (Dispute Resolution). If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of the Services, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.

10. DISPUTE RESOLUTION.

Mandatory Informal Dispute Resolution

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Culto Futbol and you agree to try to resolve the dispute informally by sending a notice of dispute via our webform. Our notice to you will be sent to you based on the most recent contact information that you provided us. You can send a notice through this webform [insert link to webform] with the subject line of “Attn: Legal – Notice of Claim or Dispute”. Your notice to Culto Futbol must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief you seek. If the dispute is not resolved within 30 days from the notice, either party can submit this matter to arbitration pursuant to this Section.

Arbitration

PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS. Except for disputes relating to the Culto Futbol’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms of Use, the Services, and/or your relationship with Culto Futbol shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. “Claims” include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through, affiliated with, or connected with you), on the one hand, and us (or persons claiming through, affiliated with, or connected with us) on the other hand, regardless of when the claim arose, even if it was before these Terms of Use existed, and include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Culto Futbol will select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Culto Futbol. Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. You agree that, in the event of an in-person hearing, any Culto Futbol employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence will not be required.

The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to Terms of Use, the Services, and/or your relationship with Culto Futbol, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Culto Futbol will pay the additional cost. You and Culto Futbol hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Culto Futbol is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Arbitration Procedures

You agree that one arbitrator will arbitrate the dispute under the rules of the administrator, as modified by these arbitration provisions. The award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to records and communications directly related to the transactions between you and us that are the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. In the case of a conflict between the rules and policies of the administrator and the arbitration provisions in these Terms of Use, the arbitration provisions in these Terms of Use shall control if not prohibited by countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a U.S. small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION- AND CLASS-ACTION-WAIVER PROVISIONS SET FORTH IN THIS SECTION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT VIA contactus@cultofutbol.com, WITH THE SUBJECT LINE “Attn: Legal – Arbitration Opt-Out”. YOUR NOTICE MUST INCLUDE: (1) YOUR FULL NAME (FIRST AND LAST); (2) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (3) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE. THE NOTICE MUST BE SENT WITHIN 30 DAYS OF THE EARLIER OF (1) THE DATE YOU FIRST ACCEPTED THESE TERMS OF USE OR (2) THE DATE YOU FIRST ACCEPTED ANY TERMS WITH US THAT CONTAINED AN ARBITRATION PROVISION. IF THE OPT OUT NOTICE IS SENT ON YOUR BEHALF BY A THIRD PARTY, SUCH THIRD PARTY MUST INCLUDE EVIDENCE OF HIS OR HER AUTHORITY TO SUBMIT THE OPT OUT NOTICE ON YOUR BEHALF IN THE FORM OF A NOTARIZED POWER OF ATTORNEY.

If you do not opt out, you shall be bound to arbitrate disputes in accordance with these Terms of Use. If you opt out of these arbitration provisions, Culto Futbol also will not be bound to arbitrate with you.

Class-Action Waiver

YOU AND WE EACH AGREE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you or us individually and only to the extent necessary to provide relief warranted by your or our individual claim without affecting other users of ours. Nothing in these Terms of Use will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages and/or any relief other than public injunctive relief must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable claims, and any claims or portions of claims seeking a remedy of public injunctive relief will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before meeting the requirements of the Mandatory Informal Dispute Resolution process or the agreement to arbitrate, you will be waiving your right to seek damages from us or our affiliates relating to any claims subject to arbitration. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator or the AAA administrator (or both, as applicable), may, at their discretion, coordinate more than one arbitration proceeding initiated under these arbitration provisions, in order to promote efficiency in discovery and to avoid inconsistent rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under these arbitration provisions, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request and be provided with an individualized hearing. The arbitrator or the AAA administrator may, at their discretion, determine that any mass arbitration should proceed first by hearing and issuing decisions on a limited number of bellwether claimants followed by mediation of any remaining claimants before additional arbitration demands may be filed and, to facilitate the bellwether process, may enjoin the filing of additional arbitration demands or order that no such demands be accepted for filing pending completion of the bellwether hearings and mediation. If an order is issued enjoining the filing of additional arbitration demands or providing that such demands not be accepted for filing by the administrator, then the statutes of limitations applicable to the claims in the arbitration demands that cannot be filed as a result of that order shall be tolled while the order is pending, and the duration of the order shall be no longer than one year. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claims of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No rulings issued in the hearings of any bellwether claimants shall be binding on any other claimant, nor shall any decisions or awards resulting from bellwether hearings be applied as precedent in any other hearing. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this “Class-Action Waiver” Paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of the prohibition in this “Class-Action Waiver” Paragraph from proceeding in arbitration on a class, representative or collective basis shall be determined exclusively by a court and not by the administrator or any arbitrator. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.

Waiver of Right to Litigate

YOU AND CULTO FUTBOL ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. YOU AND CULTO FUTBOL HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

Survival and Severability of Arbitration Provision

These arbitration provisions shall survive the termination of these Terms of Use. If any portion of the arbitration provisions other than the prohibition on bringing class or collective actions in arbitration as set forth in the “Class-Action Waiver” Paragraph is deemed invalid or unenforceable, the remaining portions of these arbitration provisions shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of these arbitration provisions’ limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the arbitration provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in the “Class-Action Waiver” Paragraph are finally adjudicated pursuant to the “Class-Action Waiver” Paragraph to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond those authorized in these arbitration provisions.

Time Limitation on Claims

Except to the extent prohibited by applicable law, you agree that any claim you may have arising out of or related to the Terms of Use, the Services, and/or your relationship with Culto Futbol must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

11. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Services Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

12. NO WAIVER

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

13. MISCELLANEOUS

If any part of these Terms of Use is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of the Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use with respect to the items to which they apply. We may revise or modify this Site, these Terms of Use, Products, Product information or pricing without notice.

14. ENFORCEMENT AND SEVERABILITY

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If any term or condition in these Terms of Use is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

15. CONTACT

The Site is operated by Innovasport USA (ECOM), LLC. Reach out to us at contactus@cultofutbol.com or call us at 1-888-372-8483.