Last updated March 6, 2023
Welcome to the Shashi website, shopshashi.com (the “Site”). The Site is operated by Shashi, Inc. (the “Company,” “we,” “us,” “our”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.
THESE TERMS OF SERVICE CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. Company may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services (as defined below) once they are posted. Your continued access to the Site and/or use of the Site or the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company's Services at any time.
As used herein, “User” or "Users" means anyone who accesses and/or uses the Site.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.1. DESCRIPTION OF THE SERVICES
- use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or the Services, or interfere with any other party's use and enjoyment of the Site or the Services;
- attempt to gain unauthorized access to the Site, the Services, or the devices, computer systems or networks connected to the Site or the Services through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Site or the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Site or the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Site or the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Mail list, Listserv, or any form of auto-responder or "spam" on the Site or the Services;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Site or the Services or any activities conducted on the Site or the Services, including to utilize framing techniques to enclose any Site Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
- download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the Services or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by the Company, any of its affiliates or any third parties;
- use the Site or the Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose with anyone any information obtained through the Site or the Services about any investment offerings; or
- use the Site or the Services for any commercial purpose whatsoever other than for your personal use.
WHILE WE HAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE, THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF CUSTOMER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.
This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and the Company must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.