Terms of Service

UPDATED: 6.12.24 

The Agreement :

BY ACCESSING OR USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS”) AND OUR POLICIES DESCRIBED BELOW (TOGETHER, THE “AGREEMENT”).  THE AGREEMENT GOVERNS YOUR USE OF THE ONLINE PLATFORM AND OTHER PRODUCTS AND SERVICES (WHICH WE CALL THE “PLATFORM”) MADE AVAILABLE BY MAHZUZAH DESIGNS, LLC (“WE”, “US”, “OUR” AND “MAHZUZAH DESIGNS”).  IN THESE TERMS, “YOU” AND “YOUR” MEANS YOU, AS A USER OF THE PLATFORM. 

Please read the Agreement carefully before you accept it. If you do not accept, or cannot understand, anything in the Agreement, stop using the Platform immediately.

Updates :

These Terms are effective as of the Last Updated date above.  As the Platform change, we may update these Terms from time to time by posting a new version and updating the Last Updated date.

We'll do our best to notify you if we make significant changes. For example, we may email the address in your Account or place a temporary notice on the Platform homepage. Changes to these Terms do not create a renewed opportunity to opt out of arbitration (if applicable).

But it’s your sole responsibility to review these Terms from time to time to view the current Terms.By using or accessing the Platform after the Last Updated date, you accept the current Terms.

If you do not accept a change to the Terms, stop using the Platform immediately.

Contact Us :

You may contact us regarding the Platform or these Terms via email at mahzuzahdesigns@gmail.com with “Terms of Use” in the subject line of your email.

 2. Eligibility and Responsibilities

To use the Platform, you must comply with these restrictions.

(a)       Age: You must be 16 or older to use the Platform, or otherwise of legal age to form a binding contract in your jurisdiction.If you are under the age of majority where you live, but are 16 or older, you are only permitted to use the Platform if your parent or guardian accepts these Terms on your behalf prior to use of the Platform.  By using the Platform, you affirm that you are of legal age to enter into the Agreement and to use the Platform.

(B)      YOU ARE RESPONSIBLE FOR ALL YOUR ACTIVITY IN CONNECTION WITH THE PLATFORM. THIS INCLUDES ANY PRODUCT YOU CHOOSE TO PURCHASE, ANY CONTENT YOU SEND THROUGH THE PLATFORM AND THE ACCURACY OF ANY INFORMATION YOU GIVE US SO THAT WE CAN PROVIDE THE PLATFORM TO YOU.  MOST IMPORTANTLY, YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE PLATFORM IN ANY WAY THAT VIOLATES APPLICABLE LAW, OUTSIDE TERMS OR OUR POLICIES. 

 3. Other Applicable Terms

Our policies and certain third-party terms apply to you when using the Platform.

(A)       OUR POLICIES .  THESE POLICIES AND TERMS ALSO FORM PART OF THE AGREEMENT BETWEEN US (COLLECTIVELY, “OUR POLICIES”): 

(i)      our Privacy Policy , which governs our use of personal information and explains your rights and choices, including, if you subscribe to our messages, how to unsubscribe;

(ii)     any other policies or operating rules we post on the Platform.

We may update any of Our Policies in the same way we update the Terms.  Please review them from time to time to ensure that you remain aware of the current versions.

(B)      OUTSIDE LINKS, MATERIALS AND TERMS.  THE PLATFORM MAY LINK TO, EMBED, INTEGRATE OR CONNECT THIRD PARTY SERVICES (“OUTSIDE MATERIALS”).  OUTSIDE MATERIALS MAY BE SUBJECT TO ADDITIONAL LEGAL TERMS (“OUTSIDE TERMS”) MADE AVAILABLE BY THEIR THIRD-PARTY PROVIDER.

The Agreement does not apply to Outside Materials.  We are also not a party to Outside Terms.  By using the Platform, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials.  We do not warrant, endorse or otherwise guarantee the Outside Materials’ integration, interoperation or support with the Platform.

If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov .

 4. Access; Accounts

(A)       ACCESS INFORMATION.  YOUR USE OF THE PLATFORM MAY REQUIRE YOU TO PROVIDE CERTAIN PERSONAL INFORMATION, SUCH AS CONTACT AND PAYMENT INFORMATION (COLLECTIVELY, “CUSTOMER DATA”), INCLUDING TO REGISTER AN ACCOUNT ON THE PLATFORM (AN “ACCOUNT”).  CUSTOMER DATA IS GOVERNED BY OUR PRIVACY POLICY, LIKE ALL PERSONAL INFORMATION YOU PROVIDE TO US.

(i)      You agree to provide us with accurate, complete and updated Customer Data, including for your Account.  We may reject or require that you change any Platform-specific information, such as your username or password, in our sole discretion.  You represent and warrant that your Customer Data, including Account information, remains accurate and complete.  You acknowledge and agree that we have no liability for errors and omissions in your Customer Data.

(ii)     Contact us immediately if you know or suspect that (1) your Account or password has been stolen, misappropriated or otherwise compromised, or (2) any unauthorized use of your Account.

(iii)    We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.

(B)      SUSPENSION AND TERMINATION.  WE RESERVE THE RIGHT TO SUSPEND, DISABLE, OR DELETE YOUR ACCOUNT AND/OR ACCESS TO THE PLATFORM (OR ANY PART OF THE FOREGOING) WITH OR WITHOUT NOTICE, FOR ANY OR NO REASON. 

(C)       TERMS SURVIVE.  IF YOUR ACCESS IS SEVERED OR YOUR ACCOUNT IS DELETED OR TERMINATED BY YOU OR US FOR ANY REASON, THESE TERMS REMAIN ENFORCEABLE, AND YOU WILL NOT BE ENTITLED TO ANY REFUND FOR PURCHASES MADE. TERMINATION WILL NOT LIMIT ANY OF OUR OTHER RIGHTS OR REMEDIES AT LAW OR IN EQUITY.  YOUR INFORMATION WILL BE MAINTAINED AND DELETED IN ACCORDANCE WITH OUR PRIVACY POLICY.

5. Orders for Products

You agree to pay us in full when you order our Products or services.

(A)       PRODUCTS.  THE PLATFORM ALLOWS YOU TO PURCHASE PHYSICAL OR DIGITAL PRODUCTS (“ PRODUCTS”). WHILE WE TRY TO MAINTAIN THE ACCURACY OF THE SERVICES, WE ARE NOT RESPONSIBLE OR LIABLE IF ANY PRODUCT OR OTHER INFORMATION IS NOT ACCURATE, COMPLETE OR CURRENT. IN PARTICULAR:

(i)      Products may occasionally be mispriced, described inaccurately or unavailable, for example, due to delay or disconnection with our inventory or pricing systems, or the provision of advertising on other websites. 

(ii)     Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. 

(iii)    No electronic image can accurately represent a physical Product’s real-life color or texture. Your display’s technology, your device settings and your surroundings all affect how you perceive electronic depictions of our Products.

(B)      AVAILABILITY; PRICING; LIMITS.  WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO: 

(i)      reprice or discontinue any Product for any reason at any time 

(ii)     limit the sale or availability of Products in any area or jurisdiction; 

(iii)    limit quantities of products available per order, household or user, or cancel orders in excess of those quantities; 

(iv)    refuse or cancel any order for any reason, for example, orders that appear to be placed by dealers, resellers or distributors;

WE MAY EXERCISE THESE RIGHTS ON A CASE-BY-CASE BASIS.  IN THE EVENT THAT WE REFUSE OR CANCEL AN ORDER, WE WILL EMAIL THE ADDRESS PROVIDED WITH THE ORDER.

(C)       PAYMENT.  YOU ACKNOWLEDGE AND AGREE THAT ALL INFORMATION YOU PROVIDE TO PURCHASE PRODUCTS, SUCH AS YOUR CREDIT CARD, PAYPAL, OR OTHER PAYMENT INFORMATION , IS ACCURATE, CURRENT AND COMPLETE.YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE TO US OR OUR PAYMENT PROCESSOR, SUCH AS ANY CREDIT CARD INFORMATION YOU PROVIDE. 

WHEN YOU PURCHASE PRODUCTS, YOU (A) AGREE TO PAY THE PRICE FOR SUCH PRODUCTS, ANY SHIPPING AND HANDLING CHARGES AND ALL APPLICABLE TAXES, AS SET FORTH IN THE FINAL PAGE OF THE ORDERING PROCESS (THE “FULL PURCHASE AMOUNT ”), AND (B) AUTHORIZE US TO CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD FOR THE FULL PURCHASE AMOUNT.

THE PLATFORM MAY ALLOW YOU TO PURCHASE PRODUCTS AND DESIGNATE THEM TO BE DELIVERED OR PROVIDED AT A FUTURE DATE.  IN SUCH INSTANCE, YOU ACKNOWLEDGE AND AGREE THAT WE MAY CHARGE YOUR CREDIT CARD OR OTHER PAYMENT METHOD FOR THE FULL PURCHASE AMOUNT ON THE DATE OF PURCHASE, RATHER THAN ON THE ULTIMATE DATE OF SHIPMENT OR PROVISION OF THE APPLICABLE PRODUCT.

UNLESS OTHERWISE NOTED, ALL CURRENCY REFERENCES ARE IN U.S. DOLLARS.  ALL FEES AND CHARGES ARE PAYABLE IN ACCORDANCE WITH PAYMENT TERMS IN EFFECT AT THE TIME THE FEE OR THE CHARGE BECOMES PAYABLE.  AS OF THE LAST UPDATED DATE ABOVE, PAYMENT CAN BE MADE BY CREDIT CARD, DEBIT CARD, KLARNA AND PAYPAL.  ORDERS WILL BE PROCESSED ONCE PAYMENT HAS BEEN RECEIVED IN FULL.  

(D)      ORDER ACCEPTANCE; SHIPMENT.  ONCE WE RECEIVE YOUR ORDER FOR A PRODUCT, WE WILL PROVIDE YOU WITH AN ORDER CONFIRMATION.  YOUR ORDER CONFIRMATION CONFIRMS THAT WE RECEIVED YOUR ORDER, BUT DOES NOT SIGNIFY OUR ACCEPTANCE.  WE RESERVE THE RIGHT AT ANY TIME AFTER RECEIVING YOUR ORDER TO ACCEPT OR DECLINE YOUR ORDER FOR ANY REASON AND IN OUR SOLE DISCRETION.  IF WE CANCEL AN ORDER AFTER YOU HAVE ALREADY BEEN BILLED, THEN WE WILL REFUND THE BILLED AMOUNT. 

While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.  Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier.  We reserve the right to ship partial orders (at no additional cost to you).

(E)       PROMOTIONAL CODES.  WE MAY OFFER CERTAIN PROMOTIONAL CODES, REFERRAL CODES, DISCOUNT CODES, COUPON CODES OR SIMILAR OFFERS (“PROMOTIONAL CODES”) THAT MAY BE REDEEMED FOR DISCOUNTS ON FUTURE PRODUCTS, OR OTHER FEATURES OR BENEFITS RELATED TO THE PLATFORM, SUBJECT TO ANY ADDITIONAL TERMS THAT MAHZUZAH DESIGNS ESTABLISHES.  YOU AGREE THAT PROMOTIONAL CODES: (A) MUST BE USED IN A LAWFUL MANNER; (B) MUST BE USED FOR THE INTENDED AUDIENCE AND PURPOSE; (C) MAY NOT BE DUPLICATED, SOLD OR TRANSFERRED IN ANY MANNER, OR MADE AVAILABLE BY YOU TO THE GENERAL PUBLIC (WHETHER POSTED TO A PUBLIC FORUM, COUPON COLLECTING SERVICE, OR OTHERWISE), UNLESS EXPRESSLY PERMITTED BY MAHZUZAH DESIGNS; (D) MAY BE DISABLED OR HAVE ADDITIONAL CONDITIONS APPLIED TO THEM BY MAHZUZAH DESIGNS AT ANY TIME FOR ANY REASON WITHOUT LIABILITY TO MAHZUZAH DESIGNS; (E) MAY ONLY BE USED PURSUANT TO THE SPECIFIC TERMS THAT MAHZUZAH DESIGNS ESTABLISHES FOR SUCH PROMOTIONAL CODE; (F) ARE NOT VALID FOR CASH OR OTHER CREDITS OR POINTS; AND (G) ARE AVAILABLE FOR A LIMITED TIME AND MAY EXPIRE PRIOR TO YOUR USE; AND, (H) ARE NOT VALID ON PREVIOUS PURCHASES.  PROMOTIONAL CODES NOT VALID ON CERTAIN ITEMS (LIKE BUNDLED ITEMS AND GIFT CARDS), AND CANNOT BE APPLIED TO SALE OR MARKDOWN ITEMS. FULL-PRICE PRODUCTS ONLY.

(F)        GIFT CARDS.  TANGIBLE AND/OR DIGITAL GIFT CARDS CONTAINING STORED MONEY VALUE MAY BE OFFERED BY US FOR CERTAIN PURCHASES ON THE PLATFORM (“GIFT CARDS”).  YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTIES WITH RESPECT TO YOUR GIFT CARD BALANCE, AND WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE, ALTERATION, THEFT, OR DESTRUCTION OF A GIFT CARD OR GIFT CARD CODE THAT RESULTS FROM ANY ACTION BY YOU OR A THIRD PARTY.  YOU ALSO ACKNOWLEDGE THAT WE MAY SUSPEND OR PROHIBIT USE OF YOUR GIFT CARD IF YOUR GIFT CARD OR GIFT CARD CODE HAS BEEN REPORTED LOST OR STOLEN, OR IF WE BELIEVE YOUR GIFT CARD BALANCE IS BEING USED SUSPICIOUSLY, FRAUDULENTLY, OR IN AN OTHERWISE UNAUTHORIZED MANNER.

(i)      If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.

(ii)     By purchasing a Gift Card, you represent and warrant to us that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.

(iii)    Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Platform, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law).  Gift Cards do not expire, and we will not assess a service fee or dormancy fee with respect to a Gift Card.

 

6. Content

Except for your content, we own everything on and about the Services.  If you provide content on the Services, you unconditionally license it to us for free.

(a)       Our Content

(i)      Other than Your Content, all content, information and presentation on the Services (“Our Content”), is the property of the Company or one of our licensors (collectively, “Partners”).  Our Content includes everything about the Services—from their look and feel to specific images to backend computer code.  None of the Our Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.  You may only use Our Content in a manner fully consistent with the Agreement.  Any other use of the Our Content is strictly prohibited. 

(ii)     All trademarks, logos, trade dress and service marks on the Services are trademarks of the Company or a Partner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable Partner.

(b)      Your Content

(i)      Our Services may allow you to post certain comments, content or other materials onto the Services (e.g., through product reviews or community sections of the Services). In addition, we may use the functionality provided by third party social networks (e.g., Instagram) to re-post on our Services posts you have made through such networks using a specific hashtag or other tag we have identified for use with this feature.  By submitting comments, content or other materials in either manner (“Your Content”), you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content through our Services.  The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (at which point such license will terminate within a commercially reasonable time after your request).  You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.

(ii)     Keep in mind that any of Your Content that you post or make available to us through a social network may be made public on the Services.  This includes your photo or any personal information you may include in Your Content.  Don’t provide anything in Your Content you do not want to become public.

(c)       License to use.  You may use the Services and Our Content solely for personal and non-commercial purposes.  All rights not specifically granted in the license set forth above shall be reserved and remain always with the Company.  You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize the Services in accordance with these Terms of Use.

7. Acceptable Use

You must not access or use the Platform in any manner that is not permitted by these Terms.  For example, you may not::

  • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information obtained or originating on the Platform;
  • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;
  • exploit the Platform for any commercial purpose, such as communicating or facilitating any commercial advertisement or solicitation; 
  • duplicate, decompile, reverse engineer, disassemble or decode the Platform, or attempt to do any of the same;
  • use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Platform;
  • access or use the Platform in any manner that could disable, overburden, damage, disrupt or impair the Platform or interfere with any other party's access to or use of the Platform or use any device, software or routine that causes the same;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform;
  • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;
  • use any robot, spider, crawlers or other automatic device, process, software or query that intercepts, mines, scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same; 
  • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
  • use the Platform for illegal, harassing, unethical, or disruptive purposes;
  • violate any applicable law or regulation in connection with your use of the Platform.

 8. Disclaimers, Limits on Liability & Indemnification

THIS SECTION IS IMPORTANT.  YOU AGREE TO READ IT IN FULL.

Our Products and Platform are provided ‘as is.’ We make no representations about our Products or the content or features of our Platform.

(A)       WARRANTIES .

(i)      All Products and the Platform are provided “as is” without warranty of any kind, except where these Terms specifically stated otherwise.  To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.

(ii)     Use of the Platform and the transmission of messages through the Platform is done at your own discretion and risk.  No advice or information, whether oral or written, obtained by you from us or through the Platform will create any warranty that is not expressly stated in these Terms.

(iii)    Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

Each of us can only be liable to the other for direct damages—but no more than $100 or, if higher, the amount you spent on Products during the past year. 

(B)      LIMITATIONS OF LIABILITY.EXCEPT FOR THE INDEMNITY OBLIGATIONS STATED BELOW, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL EITHER OF US BE LIABLE TO THE OTHER WITH RESPECT TO THE SUBJECT MATTER OF THE AGREEMENT FOR:

(i)      Any indirect, special, incidental, or consequential damages of any kind, or

(ii)     Any aggregate amount in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us for paid Platform in the three-month period preceding the applicable claim. 

For clarity, this means we will not be liable for: unauthorized access to or loss of Customer Data, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services.  These limits apply to all claims, obligations and liabilities relating to the Agreement— even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur certain damages, and even if the limited remedies available to you under the Agreement fail of their essential purpose.  In each case, however, these limitations apply only to the extent they are not prohibited by applicable law.

You must indemnify us if a third party sues us based on your use of the Platform or your violation of the Agreement or the law.

(C)       INDEMNIFICATION.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MAHZUZAH DESIGNS, LLC, ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND PARTNERS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO (I) YOUR USE OF THE PLATFORM (INCLUDING ANY ACTIONS TAKEN BY A THIRD PARTY USING YOUR ACCESS TO SUBSCRIPTIONS), AND/OR (II) YOUR VIOLATION OF THE AGREEMENT OR OF LAW.

IN THE EVENT OF SUCH A CLAIM, SUIT, OR ACTION, WE WILL NOTIFY YOU USING THE CONTACT INFORMATION WE HAVE FOR YOUR ACCOUNT OR IN CONNECTION WITH YOUR USE OF THE PLATFORM (PROVIDED THAT FAILURE TO DELIVER SUCH NOTICE WILL NOT ELIMINATE OR REDUCE YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER).  THIS OBLIGATION WILL SURVIVE ANY SUSPENSION, TERMINATION OR CESSATION OF YOUR USE OF THE PLATFORM.

9. Dispute Resolution

In the event of a dispute, you and Mahzuzah Designs agree to try to resolve it informally first.  If it’s not resolved 60 days later, we agree to arbitrate the claim, instead of going to court.  You may opt-out of arbitration within 30 days of accepting these Terms.

You agree to resolve disputes with Mahzuzah Designs through binding arbitration, except as described in this section 9(“Arbitration Clause”).  The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action, except as described in Section 9(g) .  You may opt-out of this Arbitration Clause under Section 9(k) .

(A)       COVERED DISPUTES.  YOU AND MAHZUZAH DESIGNS AGREE THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND MAHZUZAH DESIGNS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE PLATFORM (A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.  A DISPUTE INCLUDES ANY CLAIM OR DISPUTE RELATING TO THE PLATFORM, ACCESS AND USE THEREOF, YOUR ACCOUNT, OR ANY ASPECTS OF YOUR RELATIONSHIP OR TRANSACTIONS WITH MAHZUZAH DESIGNS.  A DISPUTE ALSO INCLUDES ANY CLAIMS OR DISPUTES THAT AROSE FROM OR INVOLVE FACTS THAT OCCURRED BEFORE THE EFFECTIVENESS OF THE AGREEMENT AND CLAIMS THAT MAY ARISE AFTER ITS TERMINATION.  FOR CLARITY, NOTHING IN THIS ARBITRATION CLAUSE PREVENTS EITHER PARTY FROM SETTLING ANY DISPUTE(S) ON A CLASS-WIDE, BATCH-WIDE OR OTHER MULTIPARTY BASIS.

(B)      EXCEPTIONS TO ARBITRATION.  THIS ARBITRATION CLAUSE DOES NOT REQUIRE ARBITRATION OF THE FOLLOWING TYPES OF CLAIMS BROUGHT BY EITHER YOU OR MAHZUZAH DESIGNS: 

(i)      small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and 

(ii)     claims relating to intellectual property rights, such as trademarks, trade dress, domain names, trade secrets, copyrights and patents.

(C)       INFORMAL DISPUTE RESOLUTION FIRST.  LIKE YOU, WE WANT TO RESOLVE DISPUTES WITHOUT RESORTING TO ARBITRATION.  IF YOU HAVE A DISPUTE WITH US, BEFORE INITIATING ARBITRATION, YOU AGREE TO SEND AN INDIVIDUALIZED REQUEST (“PRE-ARBITRATION DEMAND”) TO MAHZUZAHDESIGNS@GMAIL.COM SO THAT WE CAN WORK TOGETHER TO RESOLVE THE DISPUTE.

This Section 9(c) is a condition precedent to commencing arbitration.  The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

(i)      A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual.  A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.

(ii)     The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.

(iii)    Likewise, if Mahzuzah Designs has a Dispute with you, Mahzuzah Designs will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.

(iv)    If the Dispute is not resolved within sixty (60) calendar days of when either you or Mahzuzah Designs submitted a Pre-Arbitration Demand, an arbitration can be brought.

(v)     This Section 9(c) does not apply to claims brought under the exception to arbitration in Section 9(b) .

(D)      ARBITRATION PROCEDURE.  IF, AFTER COMPLETING THE INFORMAL PROCESS IN SECTION 9(C) , EITHER YOU OR MAHZUZAH DESIGNS WISHES TO INITIATE ARBITRATION, THE INITIATING PARTY MUST SERVE THE OTHER PARTY WITH A DEMAND FOR ARBITRATION.  ANY DEMAND FOR ARBITRATION BY YOU WILL BE SENT TO THE MAHZUZAH DESIGNS ADDRESS IN SECTION 9(C) . MAHZUZAH DESIGNS WILL SEND ANY ARBITRATION DEMAND TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR MAHZUZAH DESIGNS ACCOUNT OR TO YOUR COUNSEL, IF ANY. YOU AND MAHZUZAH DESIGNS AGREE THAT THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THIS ARBITRATION CLAUSE.  IF THE FAA CANNOT APPLY, THEN THE STATE LAWS GOVERNING ARBITRATION PROCEDURES WHERE YOU RESIDE APPLY.

(i)      The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.

(ii)     If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider.  If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

(iii)    Arbitration hearings will take place through videoconferencing, unless you and Mahzuzah Designs agree upon another location in writing.  A single arbitrator will be appointed.

(iv)    The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Mahzuzah Designs and a different individual.  The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration.  However, a court has exclusive authority to rule on the Class Action Waiver in Section 9(f) , including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

(v)     If a request to proceed in small claims court (see Section 9(b) ), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed.  Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.

(E)       JURY TRIAL WAIVER.  YOU AND MAHZUZAH DESIGNS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  YOU AND MAHZUZAH DESIGNS ARE INSTEAD ELECTING THAT ALL DISPUTES WILL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION CLAUSE, EXCEPT AS SPECIFIED IN SECTION 9(B) ABOVE.  COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW.DISCOVERY MAY BE LIMITED IN ARBITRATION, AND PROCEDURES ARE MORE STREAMLINED THAN IN COURT.

(F)        CLASS ACTION WAIVER.  YOU AND MAHZUZAH DESIGNS AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 9(G) BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.

(i)      The parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.

(ii)     Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.

(iii)    Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final non appealable decision, that the limitations of this Section 9(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Mahzuzah Designs agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 10(d) .

(G)      BATCH PROCEEDINGS.  TO INCREASE THE EFFICIENCY OF ADMINISTRATION AND RESOLUTION OF ARBITRATIONS, YOU AND MAHZUZAH DESGINS AGREE THAT IF 25 OR MORE SIMILAR ARBITRATION DEMANDS (THOSE ASSERTING THE SAME OR SUBSTANTIALLY SIMILAR FACTS OR CLAIMS, AND SEEKING THE SAME OR SUBSTANTIALLY SIMILAR RELIEF), PRESENTED BY OR WITH THE ASSISTANCE OR COORDINATION OF THE SAME LAW FIRM(S) OR ORGANIZATION(S), ARE FILED WITHIN A ONE HUNDRED AND EIGHTY (180) DAY PERIOD (“MASS FILING”), THE PARTIES AGREE:

(i)      to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time; 

(ii)     to designate one arbitrator for each batch; 

(iii)    to accept applicable fees, including any related fee reduction determined by NAM in its discretion; 

(iv)    that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated; 

(v)     that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Mahzuzah Designs and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and 

(vi)    that the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.

(vii)   Any statutes of limitation, including the requirement to file within one (1) year in Section 9(j) below, will remain tolled while any arbitration demands are held in abeyance.  While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.

  1. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.

(viii)  All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief.  Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section 9(c) .

  1. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly.  Good American will pay the Administrative Arbitrator’s costs.

(ix)    The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference.  The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.

(x)     This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind.  Unless Mahzuzah Designs otherwise consents in writing, Mahzuzah Designs does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 9(g).

(H)       SETTLEMENT.  AT LEAST TEN (10) CALENDAR DAYS BEFORE THE DATE SET FOR THE ARBITRATION HEARING, YOU OR MAHZUZAH DESIGNS MAY SERVE A WRITTEN OFFER OF JUDGMENT UPON THE OTHER PARTY TO ALLOW JUDGMENT ON SPECIFIED TERMS.  IF THE OFFER IS ACCEPTED, THE OFFER WITH PROOF OF ACCEPTANCE WILL BE SUBMITTED TO THE ARBITRATION PROVIDER, WHO WILL ENTER JUDGMENT ACCORDINGLY.  IF THE OFFER IS NOT ACCEPTED BEFORE THE EARLIER OF THE ARBITRATION HEARING OR THIRTY (30) CALENDAR DAYS AFTER IT IS MADE, IT WILL BE DEEMED WITHDRAWN, AND CANNOT SERVE AS EVIDENCE IN THE ARBITRATION.  IF AN OFFER MADE BY ONE PARTY IS NOT ACCEPTED BY THE OTHER PARTY, AND THE OTHER PARTY FAILS TO OBTAIN A MORE FAVORABLE AWARD, THE OTHER PARTY WILL NOT RECOVER THEIR POST-OFFER COSTS AND WILL PAY THE OFFERING PARTY’S COSTS FROM THE TIME OF THE OFFER.

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms.  For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

(I) ARBITRATION COSTS.  EXCEPT AS PROVIDED FOR IN A MASS FILING UNDER SECTION 9(G) , YOUR RESPONSIBILITY TO PAY ANY FILING, ADMINISTRATIVE, AND ARBITRATOR COSTS WILL BE SOLELY AS SET FORTH IN THE APPLICABLE ARBITRATION PROVIDER’S RULES.

(J) 18-MONTH FILING DEADLINE.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANY OTHER STATUTE OF LIMITATIONS, ANY CLAIM OR CAUSE OF ACTION UNDER THIS ARBITRATION CLAUSE (WITH THE EXCEPTION OF DISPUTES UNDER SECTION 9(B)(II) ) MUST BE FILED WITHIN EIGHTEEN (18) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.  OTHERWISE, THAT CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.  THE STATUTE OF LIMITATIONS AND ANY ARBITRATION COST DEADLINES REMAIN TOLLED DURING THE REQUIRED INFORMAL PROCESS UNDER SECTION 9(C) ABOVE.

 (K)       OPT-OUT .  YOU MAY REJECT THIS ARBITRATION CLAUSE AND OPT OUT OF ARBITRATION BY SENDING AN EMAIL TO MAHZUZAHDESIGNS@GMAIL.COM WITHIN THIRTY (30) CALENDAR DAYS OF FIRST ACCEPTING THESE TERMS.  IF YOU HAVE AN ACCOUNT, YOUR OPT-OUT NOTICE MUST BE SENT FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT.  NO ONE MAY OPT-OUT ANOTHER PERSON.  YOUR NOTICE TO OPT-OUT MUST INCLUDE YOUR FIRST AND LAST NAME, ADDRESS, THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT (IF YOU HAVE AN ACCOUNT), AND A CLEAR STATEMENT THAT YOU DECLINE THIS ARBITRATION CLAUSE.

(L) SEVERABILITY.  EXCEPT AS PROVIDED IN SECTION 9(F) ABOVE, IF ANY PROVISION OF THIS ARBITRATION CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THEN THAT PROVISION WILL BE SEVERED.  THE REMAINING PROVISIONS WILL STILL APPLY AND WILL BE INTERPRETED TO ACHIEVE THE CLOSEST POSSIBLE INTENT TO THE ORIGINAL INTENT OF THIS SECTION, INCLUSIVE OF THE SEVERED PROVISION.

 10.     Additional Provisions

(A)       FEEDBACK.  ANY COMMENTS, FEEDBACK, NOTES, MESSAGES, IDEAS, SUGGESTIONS OR OTHER COMMUNICATIONS (COLLECTIVELY, “FEEDBACK”) YOU SEND US ARE OUR EXCLUSIVE PROPERTY.  BY SUBMITTING FEEDBACK, YOU ASSIGN ANY AND ALL INTELLECTUAL PROPERTY RIGHTS IN THE FEEDBACK TO US.  WE MAY, BUT ARE NOT REQUIRED TO, USE THE FEEDBACK, INCLUDING ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS THEREIN, FOR ANY PURPOSE WHATSOEVER, WITHOUT ANY ATTRIBUTION, FINANCIAL COMPENSATION, OR REIMBURSEMENT OF ANY KIND TO YOU OR ANY THIRD PARTY.

(B)      MODIFICATIONS OF PLATFORM.  WE MAY CHANGE OR DISCONTINUE ANY ASPECT, SERVICE OR FEATURE OF THE PLATFORM AT ANY TIME, IN OUR SOLE DISCRETION. 

(C)       INTERPRETATION.  ANY WORDS THAT FOLLOW “INCLUDING,” “INCLUDE,” “IN PARTICULAR,” “FOR EXAMPLE”, “SUCH AS,” OR ANY SIMILAR EXPRESSION, ARE ILLUSTRATIVE, NON-EXHAUSTIVE AND DO NOT LIMIT THE SENSE OF THE WORDS, DESCRIPTION, DEFINITION, PHRASE OR TERM PRECEDING THOSE TERMS.

(D)      GOVERNING LAW; FORUM.  THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS.  SUBJECT TO SECTION 9 (DISPUTE RESOLUTION),  YOU AND WE AGREE TO ONLY BRING DISPUTES AND ANY OTHER LEGAL PROCEEDING IN THE STATE AND FEDERAL COURTS LOCATED IN TAMPA,FLORIDA. YOU AND WE CONSENT TO THE JURISDICTION OF THOSE COURTS.  YOU AND WE AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO PRODUCTS OR THE INTERPRETATION OR CONSTRUCTION OF THESE TERMS.

(E)       NO THIRD-PARTY BENEFICIARIES.  THE PARTIES AGREE THERE ARE NO THIRD-PARTY BENEFICIARIES INTENDED UNDER THE AGREEMENT. 

(F)        NO JOINT VENTURE.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT AN EMPLOYEE, AGENT, PARTNER, OR JOINT VENTURER OF MAHZUZAH DESIGNS, LLC. 

(G)      WAIVER.  THE FAILURE OF EITHER PARTY TO EXERCISE, IN ANY WAY, ANY RIGHT HEREIN DOES NOT WAIVE ANY FURTHER RIGHTS HEREUNDER.

(H)       SEVERABILITY.  IF IT TURNS OUT THAT A PARTICULAR TERM OF THE AGREEMENT IS NOT ENFORCEABLE FOR ANY REASON, THIS WILL NOT AFFECT ANY OTHER TERMS.

(I) ENTIRE AGREEMENT.  THE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING BETWEEN THE PARTIES AS TO ITS SUBJECT MATTER, AND IT SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING THERETO. 

(J)       FORCE MAJEURE.  IN NO EVENT WILL WE BE LIABLE TO YOU, OR BE DEEMED TO HAVE BREACHED THE AGREEMENT, FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS UNDER THE AGREEMENT CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.