Moroccan Pantry

Privacy Policy

Effective Date: 01.10. 2023

Welcome to the Terms of Service (“Terms”).

PLEASE REVIEW CAREFULLY BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN THE DMO Venture Corp AND ITS AFFILIATES (SUPPLIER OR WE) AND YOU.

THESE TERMS AFFECT HOW YOUR DISPUTES WITH SUPPLIER ARE RESOLVED.

1. INTRODUCTION

These Terms set forth the terms and conditions that apply to access and use of Supplier’s websites, mobile applications (Apps), widgets and other online and offline services that Supplier operates (together, the Services).  The provider of the Services is DMO Venture Corp at 241-243 52nd St, Brooklyn NY 11220.

These Terms whether you are a registered user or just browsing.

YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. If you do not agree to these Terms, then please do not use the Services.

Please also review the Privacy Policy to learn how Supplier handles personal information that we collect from or about users.

2. WHEN DO THESE TERMS APPLY?

These Terms are effective for new users on the Effective Date set forth above. For anyone using the Services prior to the Effective Date above, the prior versions of the Terms apply until ten (10) days after the Effective Date.

WHEN YOU CREATE AN ACCOUNT, ACCESS AND USE THE SERVICES OR WHENEVER YOU AGREE TO THEM, YOU REPRESENT TO SUPPLIER THAT YOU ARE ELIGIBLE TO USE THE SERVICES AND AGREE TO BE BOUND BY THESE TERMS.

To use our Services, you must be at least the age of legal majority in your place of residence and otherwise legally able to enter into a binding contract with Supplier.

If you are not eligible to use the Services or do not agree to these Terms, you are not authorized to use the Services.

3. WHERE DO THESE TERMS APPLY?

These Terms apply to the Services in or to which these Terms are linked or posted.

Additional terms may apply to certain features of the Services, such as Apps or promotions, terms of sale or use of text messaging services (“Additional Terms”).  All Additional Terms are part of (and incorporated by this reference into) these Terms.  When presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply.  These Terms and the Additional Terms apply equally unless any part of the Additional Terms is irrevocably inconsistent with these Terms, in which case the Additional Terms will control but solely to the extent of the inconsistency.

4. WILL SUPPLIER CHANGE THE SERVICES?

Supplier continually works to improve the Services. Supplier may introduce new features and functionality that enhance the Services and were not previously part of the Services (“New Features”). Supplier also may from time to may introduce updates, error corrections and other changes to the Services that enhance the functionality if user experience (“Updates”). Supplier reserves the right to add or not add New Features or the right to make or not make Updates. If New Features involve fees, Supplier will provide you with a choice about whether to use the New Features. If Supplier makes Updates, you agree and authorize Supplier to implement Updates with or without notice to you.

Nothing in this Section 4 limits Supplier’s right to restrict access to certain parts of the Services or discontinue the Services or any content that we provide through the Services at any time, without notice or liability to you. We do our best to make sure that the Services are fully operational at all times, but Supplier is not liable to you if for any reason the Services are unavailable. 

5. WILL SUPPLIER CHANGE THESE TERMS?

The Effective Date of these Terms is set forth at the top of this webpage.

Supplier may need to modify these Terms to reflect Updates or New Features or changes to applicable law. If Supplier makes material modifications to these Terms that reduce legal rights, we will post notifications in the Services and notify users by email using the email addresses in their accounts at least thirty (30) days in advance. If you do not agree to the Terms as modified, then you must cancel your account and stop using the Services before the end of the notice period. Continued use of the Services after the end of the notice period specified in the notification is deemed acceptance of the Terms as modified.

We will not make changes that materially and retroactively reduce your legal rights without notice unless we are legally required to do so or to protect the rights of other users of the Services.

The modified Terms supersede all previous versions of our agreements, notices or statements of or about these Terms. 

6. IS AN ACCOUNT REQUIRED?

You need an account (“Account”) to take full advantage of the Services, such as to receive access to offers and other promotions or to use “member-only” parts of the Services as well as place, track, pay for and manage orders online.

To set up an Account, we require your business name, business address, first and last name and phone number. To learn more about how we process the personal information that we collect from you when you create an account, please see the Privacy Policy.

You agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of Supplier’s eligibility verification processes. Supplier reserves the right to deny registration or to cancel or suspend an account at any time if we detect or suspect violation of these Terms. You may not create an account if you were previously suspended or terminated from using the Services.

You promise that any information that you submit to Supplier is true, accurate and complete and you agree to keep it that way at all times.

If you are asked to choose a password when creating an account, your password is personal to you.  You agree not to provide any other person with your password, other security information or access to the Services. Please use particular caution when accessing your account from sharing your device so that others are not able to view or record your password or other personal information. You are responsible for all activities that occur using your password.

You agree to notify us immediately if you detect or suspect unauthorized access to or use of your password, account or other breach of security. We have the right to temporarily or permanently suspend or deactivate it if it contains incomplete or inaccurate information or if we suspect fraudulent activity. 

7. DOES SUPPLIER CHARGE FOR THE SERVICES?

The Services generally are free. If payment for certain features of the Services ever is required, Supplier will provide you with a choice about whether to use the paid features.

Certain Services allow you to purchase Supplier’s products. Purchases will be governed by separate terms of sale presented to you by the Supplier.

You are solely responsible for all charges, fees and other costs related to use of the Services, including the equipment and internet connection or mobile telephone service necessary to access and use the Services.

8. WHO OWNS THE SERVICES?

As between Supplier and you, Supplier and its third-party licensors are and will remain the sole and exclusive owners of all right, title and interest in and to the Services, including all content available through the Services and its design, selection and arrangement and all intellectual property rights therein (Services Content). That is, Supplier owns the Services and owns or has a license for the Services Content and you own all of your User Content, as described below.

The Services Content includes the Supplier name and all related names, logos, product and service names, designs and slogans (Supplier Marks). You must not use the Supplier Marks without Supplier’s prior written permission.  All other names, logos, product and service names, designs and slogans of third parties that appear on or in the Services are the trademarks of their respective owners.

You have no right, license or authorization with respect to Services Content except as expressly set forth in these Terms. The Services are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. For clarity, you agree not to (and not to permit any third party to):

·       Remove any copyright, trademark or other proprietary rights notice contained in the Services.

·       Create and/or publish your own database that features parts of the Services without Supplier’s express prior written consent.

·       Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Services Content except as expressly authorized in these Terms.

·       Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services.

·       Otherwise violate or infringe the proprietary rights of Supplier or its third-party licensors in and to the Services Content at any time.

You own your User Content but give Supplier the right to use it.

The Services may contain forums and other interactive features that allow you and other users to post, submit, publish, display or transmit content or materials (collectively, User Content). You own the User Content that you create unless the terms and conditions applicable to your submission of User Content state otherwise.

You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy and appropriateness.

Whether you submit User Content through the Services or Supplier’s social media pages, you grant Supplier (including our suppliers that help us operate the Services and each of our respective successors and assigns) the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, fully-paid right and license (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, perform, translate, distribute and otherwise disclose to third parties your User Content, in whole or in part, for any purpose and in any media now known or hereafter developed, to the extent permitted by law (User Content License). No moral rights are transferred by the User Content License that you grant to Supplier in these Terms. IF YOU DO NOT WISH TO GRANT SUPPLIER A USER CONTENT LICENSE, PLEASE DO NOT SUBMIT USER CONTENT.

When you provide User Content, you represent and warrant to Supplier that:

·       You own or control all rights in and to your User Content and have the right to grant the rights and license granted to Supplier above in these Terms.

·       Your User Content does not violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights.

·       Your User Content is true and accurate. 

·       All of your User Content complies with these Terms and all applicable laws, rules, and regulations.

Your User Content must comply with all of the following rules:

·       User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·       User Content must not promote sexually explicit or pornographic material, violence, or discrimination based on race, religion, nationality, disability, gender, sexual orientation, gender identity or age.

·       User Content must not deceive or intend to deceive any person.

·       User Content must not promote any illegal activity or advocate, promote or assist any unlawful act.

·       User Content must not misrepresent your identity or affiliation with any person or organization or give the impression that your User Content is endorsed by Supplier or by any other person or entity if this is not the case.

If you believe that User Content violates these Terms, please mail the information to us using the contact information specified in section 14, including a description of the specific User Content and its location in the Services or Supplier’s social media presence. To the extent permitted by law, you agree to indemnify Supplier for all claims brought by a third party against Supplier arising out of or in connection with your User Content.

9. WHAT ARE PERMITTED USES OF THE SERVICES?

Subject to your compliance with these Terms, Supplier grants you, solely for your non-commercial use, a personal, limited, non-exclusive, non-transferable, revocable, and limited right to access and use the Services and to download one (1) copy of each App.

You must use the Services for lawful, personal and non-commercial purposes only and not for any fraudulent purpose or in connection with any unlawful activity. Without limiting the foregoing, you must not and you agree not to, attempt to or encourage or allow any third party to:

·       Gain (or attempt to gain) unauthorized access to the Services or Supplier’s computer systems or networks through hacking, password mining or other means or to violate the security of any computer or security network.

·       Use the Services in any manner that you know or should know could damage, disable, overburden or impair Supplier’s servers or networks.

·       Discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others or otherwise interfere (or attempt to interfere) with any other party's use and enjoyment of the Services.

·       Use the Services on behalf of anyone other than yourself.

·       Copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services.

·       Remove any copyright, trademark, or other proprietary rights notice contained in the Services or otherwise infringe or violate the intellectual property rights of any third party.

·       Use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services. 

·       Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason.

·       Reformat or frame any portion of the web/app pages that are part of the Services, including with the intention of reselling or distributing products. 

·       Use the Services to send any unauthorized or unsolicited commercial or promotional content.

Supplier reserves the right to monitor and record activity on the Services to the fullest extent permitted by applicable law and in accordance with the Privacy Policy.

Supplier has the discretion to terminate your access to the Services (in addition to any other available remedy) without notice if Supplier has a reasonable basis to believe that you are using the Services in violation of these Terms.

10. DO ANY TERMS APPLY SPECIFICALLY TO USING THE APPS?

Except as expressly stated in this Section 10, these Terms apply to your download and use of our Apps.

Unlike a website, a mobile application is software that is downloaded to and installed on your mobile device. Even though it is downloaded to your mobile device, the Apps are licensed – it is not sold to you. You do not acquire any ownership interest in the Apps or any other right other than to use the Apps in accordance with and subject to these Terms.

You may download a single copy of an App to a mobile device owned or otherwise controlled by you solely for your own personal, non-commercial use. To provide you with certain functionalities, certain of the Apps must access various functions and data on your mobile device. For more information about how personal information is handled by the Apps, please review the Privacy Policy.

The Apps and the rest of the Services may not have the exact same content.

We may from time to time develop and provide Updates (as defined in Section 4) to an App. Based on your mobile device settings, when your mobile device is connected to the Internet either the App will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You agree to download and install all Updates and acknowledge and agree that an App may not properly operate if you do not. All Updates to an App are deemed part of the App and the Services and subject to these Terms.

Supplier reserves and retains the entire right, title and interest in and to the Apps, including all Supplier Marks (defined in Section 8) and, as between Supplier and you, all other copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

When you download any of the Apps from Apple's App Store or Google Play (each, an App Platform), you acknowledge and agree that:

·       As between Supplier and the App Platform, Supplier is solely responsible for the Apps.

·       The App Platform has no obligation to provide any maintenance and support services with respect to the App.

·       If our App fails to conform to any applicable warranty: (i) you may notify the App Platform and the App Platform may refund the purchase price for an App (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the Apps, and (iii) other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Supplier and the App Platform, Supplier’s responsibility.

·       The App Platform is not responsible for addressing any claim you have relating to the Apps or your possession and use of the Apps.

·       If a third party claims that an App infringes another party's intellectual property rights, as between the App Platform and Supplier, Supplier is responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

·       The App Platform and its subsidiaries are third-party beneficiaries of the applicable terms of use as they relate to your license to use an App. Upon your acceptance of the terms and conditions of our terms of use, the App Platform will have the right (and will be deemed to have accepted the right) to enforce the terms of use as related to your license of an App against you as a third-party beneficiary thereof.

·       You must also comply with all third-party terms applicable through the App Platform when using an App.

To learn more about the specific data collected by any of the Apps, please check your mobile device settings or review the disclosures on the App Platform from which you downloaded the App. To stop the collection of all data through an App, please uninstall it.

11. WHEN DO THESE TERMS TAKE EFFECT?  WHEN DO THEY TERMINATE?

These Terms are effective when you acknowledge them as part of creating an account, downloading an App or using any of the Services in which these Terms are linked (subject to the exception noted in Section 2).  These Terms are in effect until terminated by you or Supplier.

You may stop using the Services at any time and for any reason. If you want to delete your account, please contact Supplier using the contact information provided in Section 14 and/or uninstall any or all of the Apps.

Supplier may terminate your account immediately and automatically without any notice if you violate any law applicable to use of the Services. Supplier reserves the right to terminate an account and access to the Services with or without notice if Supplier has a reasonable basis to believe that a user is accessing or using the Services in violation of these Terms.

Supplier may suspend your access to the Services, cancel your account or terminate these Terms at any time without notice if we detect or suspect a breach of security or if Supplier ceases to offer or support any of the Services, which Supplier may do in its sole discretion.

We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important user Information (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security or otherwise harmful to the rights or property of Supplier.

When these Terms terminate, the rights granted by Supplier terminate and you must cease all use of the Services and delete all copies of the Apps from your mobile device.

Any provision of these Terms that, by its nature, should survive termination of these Terms shall survive termination. By way of example, all of the following provisions will survive termination: any limitation on our liability, terms regarding ownership or intellectual property rights, any obligation you have to pay us, and terms regarding disputes between us. Termination does not and will not limit any of Supplier’s or your rights and remedies at law or in equity.

12. HOW IS SUPPLIER’S LIABILITY LIMITED UNDER THESE TERMS?

Supplier’s Disclaimer of Warranties

WHERE PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SUPPLIER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND CONTENT AND SUPPLIERS (COLLECTIVELY, SUPPLIER PARTIES) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE SUPPLIER PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitations on Supplier’s Liability

Supplier is liable for reasonable direct and foreseeable damages caused by Supplier’s material breach of these Terms, subject to the provisions of these Terms.

To the fullest extent permitted by applicable law, Supplier is not and will not be responsible or liable for:

·       Damages that are not foreseeable, including consequential damages.

·       Exemplary or punitive damages.

·       Any loss of profit, loss of business, loss of contract, business interruption, anticipated savings, goodwill or loss of business opportunity in connection with your use of the Services.

·       Viruses or other malicious software obtained by accessing the Services or errors, glitches, delays or disruptions in the Services

·       Losses related to actions of any third party, including use of or inability to use Linked Services.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE SUPPLIER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Nothing in these Terms is intended to exclude or limit liability in any way that is unlawful, including liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or other intentional conduct.  IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE SUPPLIER PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

13. HOW WILL SUPPLIER COMMUNICATE WITH CONSUMERS?

When you use the Services or send emails to us, you are communicating with us electronically.  Depending on your choices and account settings, we will communicate with you electronically in a variety of ways, such as by email, text message or App push notification, or by posting a message in the App or otherwise through the Services. Some of these communications are automatic and some are sent by default as part of the Services. We may add or remove certain types of communications from time to time. You can adjust whether you receive certain electronic communications in your account settings. Although you can disable certain communications, we may still send you notices as needed to allow us to provide certain parts of the Services to you, such as to notify you about a security incident.

You agree that all agreements, notices, disclosures and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication. Certain electronic communications may be subject to fees or charges from your carrier or service provider.

If your email address or other contact information changes, you are responsible for informing Supplier. Changes to your email address will apply to all of your communications from us.

Certain communications could include information about your account, such as a password reset request. Anyone with access to your email account or mobile device could view the content of these communications.

When we send marketing or promotional communications, we do so based on your consent as and when required. You also can control our email marketing communications by clicking the unsubscribe link in the footer of each marketing email.

14. HOW DO I CONTACT SUPPLIER?

To contact Supplier about these Terms, the Privacy Policy or Supplier’s personal information processing, please contact us at m2oconostrium@gmail.com

15. MISCELLANEOUS

These Terms (including the Privacy Policy) contain the sole and entire understanding by and between Supplier and you with respect to the Services and matters contained herein and supersede all prior and contemporaneous understandings and agreements, whether written and oral, regarding the Services.

You agree that your use of a keypad, mouse or other device to select a button or icon or similar act or to otherwise provide Supplier any acknowledgment or consent constitutes your electronic signature, which is equivalent to your signature in writing. You also agree that no third-party verification is necessary to validate your electronic signature. You further agree that each use of your electronic signature in connection with the Services constitutes your agreement to be bound by these Terms of Service as they exist on the date of your electronic signature.

These Terms inure to the benefit of and are binding on Supplier’s and your successors and assigns, respectively.

Supplier may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of Supplier. 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.

No waiver by Supplier of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term. Any failure Supplier to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Nothing contained in these Terms creates a partnership, joint venture, agency or other such relationship by and between Supplier and you.

If Supplier is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause. 

Headings and captions are for convenience only. Except as otherwise provided or made clear by the context, use of the words or phrases including, include, in particular, for example, such as, or any similar expression, are to be construed as illustrative and will not limit the sense of the words, descriptions, definitions, phrases, or terms preceding or following those words.

16. DISPUTE RESOLUTION

Supplier would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us at m2oconostrium@gmail.com

You agree to resolve disputes, claims and causes of action arising out of or connected with your use of the Services (each, a Dispute) as set forth in this Section 16.  Subject to the jurisdiction specific provisions below, these Terms and your use of the Services are governed by the laws of the State of New York, U.S.A., without regard to its choice of law provisions.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

For U.S. Customers:                                                                                                 

Choice of Arbitrator and Rules.  A Dispute must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Arbitration Rules. If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.

Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. An arbitration means there will be no jury, and no judge.

Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but you or us.

Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.

Choice of Venue (New York). You agree that any Disputes shall be heard exclusively in New York, New York unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in the State of New York for all purposes.

Choice of Law (New York). These Terms and your use of the Services are governed by the laws of the State of New York, U.S.A., without regard to its choice of law provisions. However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

Remedies Available in Arbitration. The arbitrator may grant any remedy, relief or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.

Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in New York, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.

CLASS ACTION WAIVER                                                                                           

Where permitted by applicable law and in the United States, Supplier and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  We each waive any right to a jury trial.

17. JURISDICTION-SPECIFIC TERMS

FOLLOWING IS INFORMATION ABOUT RIGHTS AND CHOICES FOR SPECIFIC JURISDICTIONS.  WE ENCOURAGE YOU TO REVIEW THE RELEVANT SECTIONS.

For U.S. consumers:  For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our DMCA Policy.