Terms of Service

CALL ME MASHA
TERMS OF SERVICE

 

These Terms of Service (these “Terms”) create a binding legal agreement between you and Molly Surazhsky LLC (“Call Me Masha,” “we,” “us,” or “our”) and govern your use of this website (the “Site”) and the content and functionality provided via the Site (such content and functionality, together with the Site, collectively, the “Services”). By browsing the public areas of the Site or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is hereby incorporated by reference. If you do not agree to all of these terms OR HAVE NOT REVIEWED AND UNDERSTOOD THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

 

We may change any of the terms contained herein at any time, in our sole discretion. We will notify you of any changes to these Terms that materially modify your rights or obligations by posting a notice on the Services . You accept any changes to these Terms by continuing to use the Site after such changes are posted. If you do not accept any such updated Terms, you may no longer use the Site.

 

THESE Terms CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, A BINDING ARBITRATION CLAUSE, A WAIVER OF JURY TRIAL, AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

 

The Services are offered and available only to users who are at least eighteen (18) years of age. By using the Services, you affirm that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into these Terms and to abide by and comply with these Terms, and (iii) have not previously been terminated, removed, or suspended from the Services.

 

SECTION 1: Ownership; Intellectual Property.

  1. The Site and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Call Me Masha (collectively referred to as the “Content”). The Content may be owned by us or our affiliates, licensors, service providers, or other third parties (“Providers”). The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you may not use (or permit the use of) any Content for the purposes of developing, training, testing, or validating any artificial intelligence model, tool, or platform.

 

  1. If you violate any part of these Terms, and without prejudice to any other remedies we may have under these Terms or otherwise, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.

 

  1. The trademarks, service marks, and logos of Call Me Masha and our affiliates (“Call Me Masha Marks”) used and displayed on the Site and the Services are registered and unregistered trademarks or service marks of Call Me Masha or our affiliates. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by others (the “Third-Party Marks”, and, collectively with the Call Me Masha Marks, the “Marks”). Nothing on the Site and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use. Use of the Marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Call Me Masha Marks inures to our benefit.

 

  1. Elements of the Site and the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

 

  1. The Products (as defined below) offered for purchase on this Site, including but not limited to their designs, patterns, and associated artistic elements, are protected by copyright and other intellectual property laws. This includes, but is not limited to, copyright protection for the unique combination of elements that make up each Product, such as colors, fabrics, designs, and embellishments. Call Me Masha is dedicated to protecting the integrity of its unique clothing designs. Any unauthorized copying, replication, or imitation of our clothing designs, whether in part or in whole, is a violation of our intellectual property rights and will be met with vigorous enforcement measures.

 

SECTION 2: Use of Services; Account Creation.

  1. Subject to your compliance with these Terms, Call Me Masha hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services on your personal device(s) solely for your personal, noncommercial use, as provided herein. By downloading or using the Services, you acknowledge that: (a) the Services are licensed, not sold, to you; and (b) third party terms and fees, such as those from your internet or mobile carriers, may apply to the use and operation of your device in connection with your use of the Services, and you are solely responsible for any such third party terms and fees. You may not use the Services for any purpose not explicitly permitted by these Terms.

 

  1. You may be given the opportunity to register for an account on the Site. In order to create an account, you will be required to provide your full name, phone number, and email address and create a password. You are responsible for maintaining the confidentiality of your account, password, and other data and for monitoring and, if necessary, restricting access to your devices (and your account on the Site). You accept responsibility for all activities that occur under your account or from your devices in relation to the Site or the Services. We reserve the right to reset or change your password, or require you to do so, at any time if we deem it necessary or advisable for data security or similar reasons.

 

 SECTION 3: Discontinuation of the Services; Termination.

  1. Call Me Masha reserves the right to permanently or temporarily amend, suspend, or discontinue all or any part of the Services at any time, in our sole discretion, without prior notice or liability. To the fullest extent permitted under applicable law, we will not be liable for any change to or any discontinuation of the Services.

 

  1. Call me Masha may immediately terminate this contract with you and suspend or terminate your access to the Services for any or no reason at any time and for any reason without prior notice or liability. For clarity, Call Me Masha may continue to use and disclose data provided by you or collected in connection with your use of the Site for any purposes that you have previously consented to.

 

  1. If this contract is terminated in accordance with this Section 3, such termination shall not affect the validity of Sections 1, 3, 6, and 11-16 of these Terms, which shall remain in full force and effect.

 

SECTION 4: Third Party Services and Links.

  1. The Services may contain links to third party content and integrations with third party platforms, like social media sites, and we may use unaffiliated payment services to allow you to purchase products or make payments. Call Me Masha does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third party content and integrations. These links and integrations are provided only as a convenience, and Call Me Masha does not make any representations or warranties with respect to third party links and integrations. Use of any linked third party content and integrations is at your own risk and subject to the terms of use for such third party content or integration.

 

SECTION 5: Product Purchases

  1. The Site may allow you to place an order to purchase certain apparel, accessories, garments and/or other merchandise (collectively, the “Products”). The images of the Products on the Site are for illustrative purposes only. You acknowledge that the Products and their packaging may vary from the images advertised on the website, as we are unable to guarantee that a device’s display of colors accurately reflects that of our Products. While we will attempt to ensure that the Product description, pricing, and availability status listed on the Site are correct, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. Products may have limited quantities and are subject to return or exchange only in accordance with our Shipping and Return Policy, the terms of which are incorporated herein. We are not responsible for any damages to any merchandise once the item has been used, worn, or washed. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change. Any offer for any Product or Service made on the Site is void where prohibited by law.

 

  1. Any Products made available for purchase on the Site are intended for personal use only. You may not sell or resell any Products you purchase or otherwise receive from Call Me Masha. We reserve the right at any time after the receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without any prior notice to you, to supply less than the quantity you ordered of any item or not supply an item. In the event that an item is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to limit the sales of our Products to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to cancel or modify an order where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the order contains or resulted from a mistake or error. Merchandise is limited to the sizes, colors, and variants listed on our Site. If a size or variant does not appear online, it is currently unavailable. All descriptions of Products and Product pricing are subject to change at any time without notice, at our sole discretion.

 

  1. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

  1. During the ordering process you may be presented with an estimated delivery date or timeframe. We use reasonable efforts to meet those delivery dates, but delays can occur and we do not guarantee delivery by a specific date. We will use reasonable efforts to alert you in the event of any shipping delays.

 

  1. We cannot change any information on an existing order once it has been placed, including but not limited to the shipping address, billing information, size, item, or quantity. We are not responsible for lost packages due to shipping addresses provided incorrectly. Shipping delays will occur if an incorrect address is provided at checkout. Additionally, orders cannot be cancelled after processing, and are subject to our Refund Policy. Sales tax will be applied to domestic orders depending upon the shipping address. Tax is calculated based on the applicable sales tax and use tax laws within each state.

 

  1. On occasion, we may offer promotional or offer codes that are redeemable towards a purchase of Products on the Site, subject to expiration dates, minimum purchase order, product exclusions and any other restrictions as may be determined and communicated by us in our sole discretion (“Promo Codes”). Promo Codes may be used only once per person. Only valid Promo Codes offered by us will be honored. You agree that: (i) you will use any Promo Codes for their intended purpose, and in a lawful manner; (ii) you will not duplicate, sell or transfer any Promo Codes in any manner, including by making them available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) you will use each Promo Code only pursuant to the specific terms that we establish for such Promo Code; (v) Promo Codes are not redeemable for cash; and (vi) Promo Codes may expire prior to your use. Promo Codes are void if copied, transferred, sold, exchanged or expired, and used where prohibited. We may prohibit the use of a Promo Code for a given Product if that Product was previously ordered using the same account, payment method, or delivery address. In addition, Promo Codes cannot be reused if you return your first purchase using the applicable Promo Code.

 

  1. In advance of a new Product launch, we may determine, in our sole discretion, to allow users to place pre-orders for the Product on the Site. Full payment for the Products you pre-order will be taken at the time you submit your pre-order and may include applicable tax and shipping costs. Placing a pre-order does not guarantee delivery of the Products. An estimated delivery date or fulfillment timeframe will be provided on the Product page. We use reasonable efforts to meet those delivery dates, but delays can occur and we do not guarantee delivery by a specific date. We will use reasonable efforts to alert you in the event of any delays. When the pre-ordered Products are ready for shipment or delivery, we will provide you with a confirmation email once your pre-order is placed, and another confirmation email once your order has shipped. Pre-ordered Products are not eligible for refunds. You may be able to cancel your purchase of a pre-ordered Product by notifying us in writing no later than 3 business days after your order is placed.

 

SECTION 6: Payments.

  1. Our online store is currently hosted on Shopify Inc., which is an online e-commerce platform facilitating order requests and payments. By submitting your order, you agree that Shopify may process your order. Your data will be stored on Shopify, and we recommend you read Shopify’s Privacy Statement for its data storage, handling, and privacy terms.

 

  1. You represent and warrant that, in connection with each order placed on the Site, (i) the payment information you supply is true, correct, and complete, (ii) you are duly authorized to use the payment method that you use for the purchase, (iii) charges incurred by you will be honored by your financial services provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. We may add or remove payment processing methods at our sole discretion.

 

  1. You may be required to provide your name, billing information, shipping information, and other information as required by law when you make a purchase. You represent that all such information is accurate and complete. We will not be responsible or liable for inaccurate or incomplete information, or for information that later becomes outdated.

 

  1. We shall not be liable in the event your children or others acting with or without your permission use your payment method to make purchases on the Site; however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card on the Site. Additional terms with your payment provider may apply.

 

SECTION 7: Limitations on Use of the Services.

  1. You will comply with all applicable laws in your use of the Site and the Services and will not use the Site and the Services for any unlawful purpose. You may not access or use, or attempt to access or use, the Services to take any action that could harm Call Me Masha, its Providers, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

 

  • impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;

 

  • allow any other person to use the Service under your account, or otherwise transfer your access to the Services to any third party;

 

  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site or the Services, directly or indirectly;

 

  • take any action that imposes (in our sole discretion) an unreasonable or disproportionately large load on Call Me Masha’s network or infrastructure;

 

  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

 

  • attempt to decipher, decompile, disassemble, or reverse engineer any software or other products or processes accessible through the Site or the Services, or circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site or the Services;

 

  • use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking them for personal information, or otherwise;

 

  • distribute any unauthorized materials or advertise or promote goods or services through the Services without Call Me Masha’s permission (including, without limitation, by sending spam or any other similar solicitation);

 

  • upload, post, e-mail, transmit, or otherwise make available any content that is, or engage in any conduct that is, unlawful, defamatory, libelous, inaccurate, deceiving, or that could reasonably be considered objectionable, profane, obscene, sexually explicit, indecent, harassing, pornographic, abusive, threatening, embarrassing, hateful, discriminatory, invasive of another’s privacy, intended to intimidate or incite violence, or that infringes or misappropriates any third party intellectual property right, or is otherwise inappropriate;

 

  • reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or Services;

 

  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Call Me Masha’s sole judgment, exposes Call Me Masha or any of Call Me Masha’s users, affiliates, or any other third party to any liability, damages, or detriment of any type, including causing damage to Call Me Masha’s reputation; or

 

  • assist any person in doing any of the above.

 

  1. Violations of system or network security may result in civil or criminal liability. Call Me Masha may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

 

SECTION 8: Monitoring and Enforcement.

  1. We reserve the right to: (i) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

 

  1. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Services.
  1. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

SECTION 9: Feedback

  1. With respect to all e-mails and other information you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information, without any limitation.

 

SECTION 10: Personal Information.

 

  1. Your use of the Services may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://callmemasha.shop/pages/privacy-policy), which is hereby incorporated by reference in its entirety.

 

SECTION 11: Disclaimer of Warranties; Limitation of Liability.

  1. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, THE PRODUCTS, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, (I) THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, (II) ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF, (IV) WARRANTIES THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF THE SITE, OR ANY CONTENT, OR INFORMATION CONTAINED IN THE SITE, AND (VI) WARRANTIES RELATING TO PRIVACY OR SECURITY OF THE SITE OR OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY CALL ME MASHA OR ANY THIRD PARTY.

 

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NEITHER WE NOR OUR PROVIDERS SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES OR THE CONTENT, OR FOR LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) IN THE THREE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

  1. THE SITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

 

SECTION 12: Indemnity

  1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR PROVIDERS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO (I) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, (II) YOUR MISUSE OF THE SITE OR THE SERVICES, (III) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES, (IV) YOUR FEEDBACK, (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS, OR ANY RIGHTS OF PUBLICITY, CONFIDENTIALITY, OR OTHER PROPERTY OR PRIVACY RIGHT, OR (VI) ANY FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU. CALL ME MASHA RESERVES THE RIGHT TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. In such event, you shall provide CALL ME MASHA with such cooperation as CALL ME MASHA reasonably requestS.

 

SECTION 13: Binding Individual Arbitration; Class Action Waiver.

  1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

 

  1. EXCEPT AS PROHIBITED BY APPLICABLE LAW, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CALL ME MASHA OR ITS PROVIDERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, EXCEPT FOR SMALL CLAIMS, AND EXCEPT THAT YOU OR CALL ME MASHA EACH MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO PREVENT (OR ENJOIN) THE INFRINGEMENT OR MISAPPROPRIATION OF YOUR OR OUR RESPECTIVE INTELLECTUAL PROPERTY RIGHTS, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT CALL ME MASHA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) (available from the AAA at http://www.adr.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies.

 

  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR OTHER COLLECTIVE ACTION. NEITHER YOU NOR CALL ME MASHA WILL SEEK TO HAVE ANY DISPUTE HEARD AS, OR TO PARTICIPATE IN, ANY CLASS, REPRESENTATIVE, OR OTHER COLLECTIVE PROCEEDING NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. Notwithstanding anything else in this agreement to arbitrate, either party may ask a court to determine whether the other party has violated this prohibition on class, representative, and other collective proceedings, and may seek an order to enforce the terms of this prohibition. To the fullest extent allowed by applicable law, and except for public injunctive relief, the arbitrator may only award legal or equitable remedies that are individual to you or Call Me Masha to satisfy an individual claim.

 

  1. Except as otherwise provided in this Section 13, if a claim does not proceed in arbitration, the class action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Call Me Masha may participate in a class-wide, collective, and/or representative settlement of claims.

 

  1. The enforceability of these the terms of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, to the extent permitted by law.

 

SECTION 14: Governing Law; Venue.

  1. This Agreement is governed by the substantive laws of the State of New York, without respect to any conflict of laws provisions. In the event of a dispute arising under or relating to this Agreement or the Services, or any other products or services provided by us, including any claim that arose in the past (a “Dispute”), the Dispute shall be brought in the appropriate state or federal court located in New York, and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York, for the adjudication of all Disputes.

 

SECTION 15: Compliance with Applicable Law.

  1. The Site and the Services are based in the United States. We make no claims concerning whether the Site or any content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

SECTION 16: Miscellaneous.

  1. Supplemental Terms. When using the Services, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these Terms, the supplemental terms associated with the applicable portion of the Services govern with respect to your use of such portion of the Services to the extent of the conflict.

 

  1. Section Headers. Section headers are provided for convenience and do not affect the interpretation of any provision or the rights of any party.

 

  1. Entire Agreement; No Assignment. These Terms, the Privacy Policy, and any other terms expressly incorporated by reference herein form the entire agreement between you and Call Me Masha regarding your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Call Me Masha without restriction. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicenses. These Terms operate to the fullest extent permissible by law.

 

  1. Electronic Communications. You consent to transact with us electronically and to receive legal notices and other communications electronically, either by e-mail, push notifications (in accordance with your device settings), or by notifications within the Site. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device, or computing equipment capable of accessing the Site.

 

  1. Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

 

  1. No Waiver. Call Me Masha’s failure to enforce any provisions of these Terms or respond to a violation by any party shall not be construed as a waiver of Call Me Masha’s right to subsequently enforce any terms or conditions of these Terms or respond to any violations. Nothing contained in these Terms is in derogation of Call Me Masha’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Call Me Masha with respect to such uses.
  2. Contact. For inquiries or questions regarding these Terms or the Services, please contact Call Me Masha at info@callmemasha.shop.

 

Last updated April 20th 2024