TERMS OF SERVICE of SMART ART
Last Updated: August 26th, 2022
Welcome to Muse Kits! The Muse Kits Website and Services are provided by Smart Art Box (“Muse Kits”, “we” “us” or “our”). These terms and conditions (“Terms and Conditions”) govern your (“you” or “your”) access to and use of the musekits.com web site (the “Website”) and all services provided by Muse Kits via the Website including without limitation our subscription service (collectively, the “Services”).
IF YOU SUBSCRIBE TO THE SERVICES, THEN YOU WILL CONTINUE TO BE CHARGED THE RECURRING FEE FOR YOUR SUBSCRIPTION UNLESS YOU CANCEL YOUR SUBSCRIPTION AS DESCRIBED BELOW. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH AS THE PERIOD YOU ORIGINALLY SELECTED FOR YOUR SUBSCRIPTION UNTIL CANCELED BY YOU. PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND Muse Kits HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND Muse Kits TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST Muse Kits ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOUR RIGHT TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES, THE PRODUCTS, OR THESE TERMS AND CONDITIONS WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
Acceptance of Terms
By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. If you don't agree with any term or condition in these Terms and Conditions, please don't use the Website or the Services. By placing an order through our Website, you represent and warrant that you are legally capable of entering into these Terms and Conditions and are at least 18 years old. We reserve the right to modify, suspend or stop providing access to the Website or the Services at any time without notice and without obligation or liability to you.
Scope of Service
Muse Kits maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Registration and Membership; Product Sales
In order to utilize specific features on the Website, you will need to register for an account on the Website (“Account”). Should you create an Account with us, you agree to: (1) provide true, accurate, complete and up-to-date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your Account which is not authorized by you; (3) notify us as soon as possible either at email@example.com if you believe there have been any breaches to the security of the Website or your Account; and (4) exit from your Account at the end of each session. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Website by minors. You may not share your Account or password with anyone. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Website. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Website if you have been previously removed by us, or if you have been previously banned from the Website. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of us. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, ALL PURCHASES, AND ALL OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
As a registered user of Muse Kits, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Monthly Delivery; Subscription Periods
As a subscribed Muse Kits member, each month we will ship you a package with a different selection of Products from various art product brands. Each month of your subscription, the selection of Products may change. Accordingly, Muse Kits cannot guarantee that a selection available in a particular time frame will be available in any subsequent timeframe. Muse Kits offers different lengths of subscription periods. Please see the subscription page of the Website for more details.
BY ENTERING INTO THESE TERMS AND CONDITIONS AND BECOMING A SUBSCRIBED Muse Kits MEMBER, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF YOUR SUBSCRIPTION. DURING YOUR SUBSCRIPTION, YOU AUTHORIZE US TO SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE US WITH NOTICE THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, TERMINATE THIS AUTHORIZATION, OR CHANGE YOUR PAYMENT METHOD. TO CANCEL YOUR SUBSCRIPTION, TERMINATE YOUR AUTHORIZATION, OR CHANGE YOUR PAYMENT METHOD, EMAIL SUPPORT@MUSEKITS.COM. BY SUBSCRIBING TO THE SERVICES, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT PROVIDER EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. FOR ANY GIVEN SUBSCRIPTION PERIOD, IF WE DO NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND, AND (B) YOU AGREE THAT WE MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING SUPPORT@MUSEKITS.COM WITH YOUR REQUEST TO CANCEL YOUR SUBSCRIPTION. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF A GIVEN SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL CONTINUE FOR THE NEXT SUBSCRIPTION PERIOD AND YOU WILL BE CHARGED THE RECURRING FEE FOR THE NEXT SUBSCRIPTION PERIOD.
Billing and Payments
You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from your Account, you must provide valid payment information (e.g. debit/credit card) through the Website. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all amounts and taxes applicable to your order, (2) us to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) us to share payment information and instructions required to complete your payment transactions between us, our payment processors, and their third-party payment service providers, and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. We reserve the right at any time to change its billing methods.
You may edit your payment method information by clicking on your Account page in the Website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing your payment method as it may be updated. This may result in a change to your payment billing dates. If changes are made to your payment method, your payment service provider may provide us with the updated payment method details. You authorize us to use these updated payment method details in order to help prevent any interruption to the Service. We may update your payment method information with information provided by the applicable payment service provider, and you authorize us to continue to charge you the monthly fee to your updated payment method. For certain payment methods, the issuer of your debit/credit card may charge you a transaction fee or other charges. Check with your payment service provider for details.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL YOUR SUBSCRIPTION AND YOU WILL AUTOMATICALLY BE CHARGED BY YOUR PREFERRED PAYMENT METHOD BEGINNING WHEN YOU REGISTER FOR THE SUBSCRIPTION AND THEN ON THE 8TH DAY OF THE FIRST MONTH OF EVERY SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. THE RECURRING FEE WILL BE AUTOMATICALLY DEDUCTED FROM YOUR PREFERRED PAYMENT METHOD EVERY SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. TO CANCEL YOUR SUBSCRIPTION EMAIL SUPPORT@MUSEKITS.COM. YOU ACKNOWLEDGE AND AGREE THAT YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL THE SUBSCRIPTION PERIOD AFTER YOU ELECT TO CANCEL YOUR SUBSCRIPTION AND THAT THERE ARE NO REFUNDS AVAILABLE FOR CANCELLATIONS WITHIN THE CURRENT SUBSCRIPTION PERIOD FOR WHICH PAYMENT HAS ALREADY BEEN MADE.
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Muse Kits within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Returns and Exchanges
If a Product is defective or if something is missing or damaged, you may return it and we will send you a new item or credit your account. To request a refund, please contact us at email@example.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the postage label. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of musekits.com.
Free Trials; Promotional Rate
Your subscription may begin with a free trial or at a promotional rate. YOU MAY CANCEL YOUR SUBSCRIPTION ANY TIME BEFORE THE END OF YOUR FREE TRIAL OR THE PROMOTIONAL PERIOD BY EMAILING YOUR REQUEST TO CANCEL TO SUPPORT@MUSEKITS.COM. IF YOU CHOOSE TO CONTINUE YOUR SUBSCRIPTION AFTER THE END OF YOUR FREE TRIAL OR THE PROMOTIONAL PERIOD, YOUR FIRST PAYMENT WILL BE CHARGED AT THE THEN-CURRENT NON-PROMOTIONAL RATE AS PROVIDED ON THE PRICING PAGE OF THE WEBSITE. AFTER THE END OF YOUR FREE TRIAL OR PROMOTIONAL PERIOD YOU MAY CANCEL YOUR SUBSCRIPTION BY EMAILING YOUR REQUEST TO CANCEL TO SUPPORT@MUSEKITS.COM.
You may be charged local sales tax or VAT, if applicable.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
Limitation of Liability
IN NO EVENT SHALL MUSE KITS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE MUSE KITS TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO MUSE KITS IN THE THEN-PRIOR CALENDAR MONTH.
You agree to defend, indemnify and hold harmless us, our affiliates, service providers, and licensors and our and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Website, the Services, the Products, or any information obtained therefor other than as expressly authorized in these Terms and Conditions, your violation of any term of these Terms and Conditions, or your violation of any third party right, including without limitation any copyright, property, or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify us of any third-party claims, cooperate with us in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us. You agree that the provisions in this section will survive termination of your Account, these Terms and Conditions and/or your access to or use of the Services.
Content Submitted by Users
We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Muse Kits. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Muse Kits, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Muse Kits, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Muse Kits.
- Use a name or language that Muse Kits, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
Muse Kits does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Muse Kits a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Muse Kits the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Muse Kits will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Muse Kits services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscriptions, and purchases.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Muse Kits and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Muse Kits and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Muse Kits services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Disclaimer of Warranty
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RESPONSIBILITY AND RISK RELATED TO THE USE OF THE PRODUCTS ORDERED THROUGH THE WEBSITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE ORDERING AND/OR USING SUCH PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCT INFORMATION ON THE WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION MAY PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT US IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC QUESTION ABOUT A PRODUCT.
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN MUSE KITS DISCRETION.
YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MUSE KITS DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS YOU MAY PURCHASE VIA THE WEBSITE AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS AND CONDITIONS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Muse Kits, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party Websites. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Muse Kits of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Muse Kits does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
Changes to Terms and Conditions
We may in our sole and absolute discretion and from time to time, without notice, change these Terms and Conditions. Such revisions shall be effective immediately. Your continued use or revisitation of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Website (or any features or parts thereof) the monthly fee of your subscription, or any provision of the Services at any time.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event of a Dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail, a written notice of Dispute (“Notice”). If you are the claimant, the Notice to us must be addressed to: ___________________. If we are the claimant, the Notice must be addressed to the address used for your Account. The Notice must (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator. More information can be found at www.adr.org.
If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than $10,000 USD. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms and Conditions (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations (in which the parties submit their arguments and evidence to the arbitrator in writing and the arbitrator makes an award based only on the documents), the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 USD or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000 USD, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or $1,000 USD, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated, notwithstanding the below prohibition, and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the following rules will apply. The issues of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and Conditions by doing the following: within 15 days of setting up your Account, you must send a letter to __________________ that specifies (1) your name, (2) your Account number or Account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms and Conditions. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that, if we make any future change to the dispute resolution procedure and class action waiver provisions (other than a change to our address), you may reject any such change by sending a letter to us within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
Class Action Waiver; Jury Trial Waiver
YOU AND MUSE KITS AGREE THAT EACH MAY BRING CLAIMS OR DISPUTES AGAINST THE OTHER ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, THE SERVICES AND/OR THE PRODUCTS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Both you and we waive the right to bring any Dispute arising out of or relating in any way to these Terms and Conditions, the Services and/or the Products as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this section shall be null and void. ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OR DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given Dispute, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other Disputes shall be arbitrated.
YOU AND MUSE KITS 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 Muse Kits are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms and Conditions as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
These Terms and Conditions and any Dispute related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
We will not be liable or responsible for any failure to perform, or delay the performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) strikes, lock-outs, or other industrial action; (2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster; (4) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) impossibility of the use of public or private telecommunications networks; and (6) the acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
We may notify you via postings on the Website. You may contact us at firstname.lastname@example.org. Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at the address at the bottom of these Terms and Conditions. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No waiver by us of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms and Conditions does not constitute a waiver of such right or provision.
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between you and us, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of us. Except as otherwise provided herein, these Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
For Additional Information
If you have any questions about these Terms and Conditions, please contact email@example.com
2800-A E 12th Street
Los Angeles CA 90023
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