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Terms of Use


Welcome to ShainaMote.com. This site is hosted by Shaina Mote, Inc. and its parent subsidiaries and affiliates (collectively, “Shaina Mote,” “we,” or “us). By using the site, you agree to be legally bound by all the terms and conditions contained in the Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using this site, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the site. In addition, when you use any current or future version of the web site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the ShainaMote.com site following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement. PRIVACY POLICY Please review our

Privacy Policy

far below, which also governs your use of the ShainaMote.com website, to understand our privacy practices. By using the ShainaMote.com website you consent to the terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement

DISCLAIMER LIABILITY

Shaina Mote has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided “as is” without any express or implied warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. SHAINA MOTE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL SHAINA MOTE BEL LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this “Terms of Use” page, as well as all applicable laws, and such access and use is at the user’s own risk. The terms and conditions are subject to change from time to time without notice by updating or revising this “Terms of Use” page. If a Shaina Mote product or service is listed at an incorrect price due to typographical error or error in pricing information, Shaina Mote shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Shaina Mote will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Shaina Mote will issue a credit to your credit card account in the amount of the incorrect price.

USE SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this site (“Communications”) will be considered non-confidential and non-proprietary. Shaina Mote will have no obligations with respect to the Communications. Shaina Mote and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas and other things embodied therein for any and all commercial or noncommercial purposes.

ELECTRONIC COMMUNICATIONS

You may opt out of receiving promotional emails from Shaina Mote by clicking “unsubscribe from this list” at the bottom of the email. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account, or our ongoing business relations.

LINKS

Shaina Mote’s website contains links to third party websites. Shaina Mote does not control the content of these websites. Unless specifically stated on this website to the contrary, Shaina Mote is not affiliated with these third parties and does not endorse or sponsor their websites, products or services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Shaina Mote, Inc., its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of this website and any denial of access to the site; (b) any user content that you post, upload, use, distribute, store or otherwise transmit on or through the site; (c) any submissions you provide to us; (d) your violation of these Terms of Use; (e) your violation of any rights of another; or (f) your conduct in connection with the website. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SHAINA MOTE, INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM SHAINA MOTE, INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHAINA MOTE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHAINA MOTE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTER), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SHAINA MOTE FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

GENERAL LEGAL PROVISIONS

These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, USA, without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, USA, for all disputes arising out of or relating to accessing or using these Services. Access to or use of these Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Shaina Mote as a result of these Terms or use of the Services. If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Shaina Mote’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Shaina Mote’s right to comply with law enforcement requests or requirements. All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

LAST MODIFIED

November 10, 2020


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