Terms Of Use

Effective Date: March 9, 2021

Welcome to the Maria Tash Website!

BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.

IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, WEBSITE RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE. FOR EXAMPLE, THE TERMS INCLUDE:

 

  • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;

  • LIMITATIONS OF OUR LIABILITY TO YOU; AND

  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU CONSENT TO RESOLVE CERTAIN DISPUTES VIA ARBITRATION. SEE SECTION 9 BELOW.

 

YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.

1. ABOUT THE TERMS

1.1 Key Terms. As used in these Terms of Use:

  • “MT,” “we,”or “us” refer to Venus by Maria Tash, Inc. and our officers, directors, employees, contractors and agents.

  • "Content" refers to any and all videos, text, photos, information and other content related thereto provided or made available on or through the Website including, without limitation any images of products sold on or through the Website.

  • “Products” refers to all jewelry, accessories and other products sold by Venus.

  • “Services” refers to the jewelry consulting and piercing services provided by MT, and any and all related services and promotions.

  • “Users” means any and all persons that access or use the Website.

  • “Website” refers to any website owned or operated by MT (including the website currently located at www.mariatash.com), through which access to the Content, Products and Services are available. References to the “Website” include any and all Content, features, functionality, and tools available on or through each such website.

1.2 Website Rules and Supplemental Terms. Your access to and use of the Website is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at https://www.mariatash.com/legal (as described in more detail below), any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to Users (the “Website Rules”).

Certain of the features, functionality, tools, Content and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or Content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.

If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, Content and promotions.

1.3 Amendment of Terms.MT reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Website.

No other modification, amendment, supplement of or to the Terms will be binding on MT unless it is in writing and signed by an authorized representative of MT.

2. ABOUT THE WEBSITE

2.1 License to Use. Subject to your compliance with the Terms, MT grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by MT, in the manner permitted by the Terms.

2.2 Modifications and Updates to the Website. MT reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part, or any features, functionality, tools or Content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Content at our sole discretion at any time without prior notice to you.

You agree that MT has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or Content, and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions.

2.3 International Users.The Website is controlled and operated within the United States. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, Content thereof, is illegal. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

3. ACCOUNTS

3.1 Account Registration.While certain Content is publicly available, you must register for a User account before you are able to purchase the Products. You may register to create an account directly via the Website, or through certain third-party social networking websites, as further described in this section. You may not register for an account on behalf of any person (other than yourself). No person or entity may have more than one active account at any given time.

3.2 Account Set-Up. Your account and account profile page will be created based upon the information you provide to us or that we obtain via a third-party website such as Facebook or Amazon (an “external site”), as described below.

You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.

When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your MT account or any other account that you may connect to your MT account. You agree not to disclose your username or password to any third party, and you agree to immediately notify MT of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. MT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

n addition to registering directly through our Website, you may also be able to register for an account through certain external sites by linking your MT account with the external site account (or, “external account”). You can do this by either (i) providing your external account login information to MT or (ii) allowing MT to access your external account, as permitted under the applicable terms and conditions that govern your use of the external account. You represent that you are entitled to disclose your external account login information to MT and/or grant MT access to your external account for the purposes described herein, without breach by you of the terms and conditions that govern your use of the applicable external site and without obligating MT to pay any fees or making MT subject to any usage limitations imposed by such external site providers.

MT makes no effort to review any of your information or content accessed from such external sites for any purpose, including for accuracy, legality or non-infringement and MT is not responsible for any such information or content.

Please note that if an external site or associated service becomes unavailable or MT’s access to such external account is terminated by the third party provider, the information and content accessed from your external account may no longer be available on or through your account with us.

You have the ability to disable the connection between your account with us and your external accounts, at any time, by deleting your Website account. To delete your Website account visit mariatash.com/customer/account/edit and click Delete Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE EXTERNAL SITE PROVIDER ASSOCIATED WITH YOUR EXTERNAL ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDER.

3.3 Account Suspension/Termination. You may cancel your account at any time by visiting mariatash.com/customer/account/edit and click Delete Account.

We may, in our discretion, and to the maximum extent permitted under applicable law, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason.

If your account is deactivated or cancelled, MT will have the right, but not the obligation to delete your information.

If MT has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the breach is cured or otherwise resolved to MT’s reasonable satisfaction, or the account is otherwise terminated.

4. PAYMENT TERMS

4.1 Payment/ Credit Cards. YOU ARE RESPONSIBLE FOR PROVIDING MT WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy.

We may contact you via email in connection with a problem with your credit card or payment account.

4.2 Refunds. All fees and charges are nonrefundable unless stated otherwise in MT’ Policies or as MT agrees or states otherwise in writing.

5. USER CONDUCT GUIDELINES

Any time you access or use the Website, you are required to comply with our User conduct guidelines, as set forth below.

You agree that you will access and use the Website for your personal use only.

You are not authorized to access or use the Website to:

  • to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • if you are not able to form legally binding contracts (for example, if you are a child or under 18);

  • if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction;

  • for any other purposes that are not expressly permitted by the Terms or which violates applicable law;

  • access, copy, distribute, share, publish, use or store any Content regarding our Products or Services, for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Website;

  • access, copy, distribute, share, publish, use or store, or prepare derivative works from any Content that belongs to MT, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;

  • share your password or transfer your account to another party without our consent;

  • circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website;

  • access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by MT, unless you have been specifically authorized to do so in a separate agreement with MT;

  • use, display, mirror or frame the Website, or any feature, functionality, tool or Content of the Website, MT’s name, any MT trademark, logo or other proprietary information, without MT’s express written consent;

  • interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;

  • access, tamper with or use non-public areas of any of the Website, MT’s computer systems, or the technical delivery systems of MT’s providers;

  • probe, scan, or test the vulnerability of any system or network of MT or its providers, or breach or circumvent any security or authentication measures of such system or network;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MT or any of MT’s providers or any other third party to protect the Website;

  • forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;

  • export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;

  • otherwise abuse the Website or breach the Terms; or

  • attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

5.1 Investigations

MT reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law. Without limiting the foregoing, you acknowledge that MT has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website by any User for any reason in MT’s sole discretion. You agree to cooperate with and assist MT or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.

6. INTELLECTUAL PROPERTY OWNERSHIP

6.1 The Website. The Website, including all features, functionality, tools and Content thereof, and the Products are protected by copyright, trademark, patent and other laws of the United States and throughout the world. You acknowledge and agree that the Website, Content and Products, and all intellectual property rights therein are the exclusive property of MT and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Content.

Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with MT (the “MT Marks”) are the property of MT, and that you are not permitted to use the MT Marks without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or Content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of MT or the intellectual property owner, as applicable, which may be withheld, conditioned, or delayed in its or their sole discretion.

This foregoing license is subject to modification or revocation at any time at MT’s sole discretion.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MT or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

6.2 Feedback. We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at cs@mariatash.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of MT. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by MT or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to MT all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect MT’s rights in such improvements, enhancements and modifications.

7. THIRD PARTY TERMS

The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that MT is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by MT of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

8. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

8.1 Warranties by Users. You represent and warrant to MT that:

(i) you have the power and authority to accept and agree to the Terms;

(ii) you will not violate any international, national, federal, state or local laws, rules or regulations or infringe the rights of MT or any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your access to or use of the Website or Content; and

(iii) all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

8.2 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, MT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.

8.3 Limitation of Liability.YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

  • MT DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE AND YOU AND HEREBY RELEASE MT AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.

  • IN NO EVENT WILL MT BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  • CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, MT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).

8.4 Exclusions. NOTHING IN THE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.5 Indemnification. To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold MT its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, Content and promotions available on and through the Website, (ii) your breach of the Terms, including any violation of international, national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct. No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

8.6 Obligation to Defend. You agree that, at MT’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) MT may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of MT (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

9. DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MT HAVE AGAINST EACH OTHER ARE RESOLVED.

9.1 Disputes. The terms of this Section shall apply to all Disputes between you and MT. “Dispute” shall mean any dispute, claim, or action between you and MT, other than for statutory or common law claims related to intellectual property or those that qualify for small claims court, arising under or relating to any Products, Services, the Website, these Terms, or any other transaction involving you and MT, whether in contract, warranty misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. You and MT agree that “Dispute” as defined in these Terms shall not include (i) any claim or cause of action by you or MT for statutory or common law claims related to intellectual property, including but not limited to (a) trade secret misappropriation, (b) patent infringement, (c) copyright infringement or misuse, or (d) trademark infringement or dilution, or (ii) matters that qualify for small claims court. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, shall decide if a claim falls within one of those two exceptions.

9.2 Binding Arbitration. You and MT agree to arbitrate all Disputes pursuant to binding individual arbitration. You and MT further agree that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section, and that this Section shall survive termination of these Terms and your relationship with MT.

9.3 Arbitration Proceeding. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), which are available at www.adr.org or by calling 1-800-778-7879, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless you and we agree otherwise, the arbitration shall take place in New York, New York before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the existence, interpretation, applicability, enforceability or formation of these Terms and its arbitration provision, including, but not limited to, the arbitrator’s own jurisdiction, and any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad grant of authority to the arbitrator, a court shall determine the limited question of whether a claim or cause of action is for intellectual property or is a small claim, which are excluded from the definition of “Disputes” above. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

9.4 Jurisdiction and Venue for Other Controversies. Any controversy excluded from the arbitration procedure and class action waiver provisions of this Section shall be filed only in in the federal or state courts located in State of New York and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.

9.5 Prohibition of Class and Representative Actions and Non-Individualized Relief. BOTH OF US AGREE THAT YOU AND MT MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND MT OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

9.6 Future Amendments to this Section. Any amendment to this Dispute Resolution, Binding Individual Arbitration, and Waiver of Class Actions and Class Arbitrations section (other than an amendment to any notice address or site link provided herein) in the future will not apply to any claim that was filed in a legal proceeding against either party prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and MT. We will notify you of amendments to this section by posting the amended Terms on www.mariatash.com. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MT in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

10. MISCELLANEOUS

10.1 Governing Law. The Terms and any Dispute between you and MT shall be exclusively governed by the laws of the State of New York without regard to conflict of law principles.

10.2 Privacy. Our collection and use of information about Users is governed by our Privacy Policy, available at www.mariatash.com/privacy-policy.html . By accessing and using the Website, you acknowledge that you have read and understood our Privacy Policy (in particular regarding the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, processing and use by MT). As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. You may not be able to opt-out from receiving these communications.

10.3 Entire Agreement. These Terms, including these Terms of Use, our Privacy Policy, the applicable Supplemental Terms and any and all Website Rules, constitute the entire and exclusive understanding and agreement between you and MT regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and MT and regarding the subject matter hereof.

10.4 Assignment. You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void. MT may assign, transfer, delegate, subcontract and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.

Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

10.5 No Agency. Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

10.6 Survival of Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.

10.7 Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by MT (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

10.8 Waiver. Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of MT. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

10.9 Remedies. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

10.10 Severability. Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions in Section 9.5; if the prohibition against class or representative actions is found to be unenforceable, the entire Section 9 shall be null and void.

10.11 Headings. The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

10.12 Third-Party Beneficiaries. Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

10.13 Construction. In the Terms, unless the context requires otherwise: (i) ”herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears; (ii) ”or” connotes any combination of all or any of the items listed; and (iii) ”including” (and any of its derivative forms) means “including but not limited to.”

10.14 Contact Us. If you have any questions or concerns, please contact MT at cs@mariatash.com. You can also write to us at:

Venus by Maria Tash, Inc.
ATTN: Customer Service
8 Crosby Street, Floor 5
New York, NY 10013

10.15 California Residents. Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to cs@mariatash.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

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