Last Updated: March 23, 2023
Welcome to MOTF’s US web, mobile site and mobile application.
These terms and conditions (“Agreement” or “Terms”) govern your use of the shopmotf.com website (the "Site"), related MOTF mobile application available to US residents (the "App"), any other written, electronic, and oral communications with MOTF, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and App, the "Services"). You must be age 16 or older to use the Services.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND MOTF. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
- 1.GENERAL >
- 2.USE OF OUR SERVICES >
- 4.ERRORS >
- 5.PURCHASES >
- 6.INTELLECTUAL PROPERTY AND OWNERSHIP >
- 7.THIRD PARTY LINKS AND RESOURCES >
- 8.ADDITIONAL APP TERMS >
- 9.TEXT MESSAGING PROGRAM >
- 10.EVENTS BEYOND OUR CONTROL >
- 11.LIMITATION OF LIABILITY >
- 12.DISCLAIMER OF WARRANTIES >
- 13.LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES >
- 14.LEGAL TERMS >
- 15.NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT >
- 16.CONTACT US >
- 17.INTERNATIONAL USERS
1.1 Services. The Site and the App are owned by Roadget Business Pte. Ltd. and are licensed by SHEIN Distribution Corporation. In the United States, the seller and payment collection entity is SHEIN Distribution Corporation. Where applicable, "MOTF," the "Company" "we," "us," and "our" shall refer to SHEIN Distribution Corporation and "you" or "your" shall refer to the user of the Services.
The Services promote the Company’s products and services available in the United States. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. When changes are made, we will make a new copy of these Terms available on the Services, and we will also update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. By continuing to use or access any of the Services or otherwise engaging with MOTF after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.
1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Return Policy (“Supplemental Terms”), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.
2.1 Use of Services. Subject to the terms and conditions of this Agreement, MOTF hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
- use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of MOTF, or the rights of any third-party;
- to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
- use the Services in any manner that could disable, overburden, damage, or impair the Site or App or any other party’s use of the Services;
- use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
- use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
- otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a MOTF user account (“User Account”), including setting up a password. You may not use another person’s account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App's security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.
We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by MOTF due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site or App, or by contacting us as described in the "Contact Us" section below. If your User Account holds any promotional assets, if applicable, at the time of termination or cancellation of your User Account, you may lose the ability to use those assets, except as provided by applicable law, if you do not reach out to Customer Service. To the fullest extent permitted by applicable law, MOTF will not have any liability whatsoever to you for any suspension or termination of your User Account.
By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Accurate Information; Customs. You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, MOTF will not be responsible or be obligated to offer any compensation to you whatsoever. You hereby authorize MOTF to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account. This includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Services. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.
While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we cancel all or part of an order, we will provide you with notice and a refund.
5.1 Prices and Orders. All product prices listed on the Services are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. A Colorado Retail Delivery Fee will be charged to you separately at the applicable rate on each order that is to be delivered to an address in Colorado. Similarly, any other regulatory fees that may be required by the state where your order is to be delivered will be charged to you separately, if applicable.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an order confirmation email. All amounts are in U.S. dollars unless otherwise noted on the Site or in the App.
Credit cards are subject to verification and authorization by the card issuer. If you made a purchase through your User Account, your purchase and order history are available in the "Order History" section of your User Account. By clicking “Pay Now” or “Place Order” and “Continue” in connection with an order on the Services, you are offering to purchase the applicable products available on the Services, and the acceptance of such offer is in our sole discretion; confirmation of acceptance (if any) will be communicated to you in an order confirmation email.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service to correct the error.
Please note single-day purchase limitations: Customers in the United States cannot currently place order(s) that exceed $800 on a single day.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
5.3 Title and Shipment. Title to any purchased items fulfilled outside the United States transfers from the respective Company selling entity (i.e., SHEIN Distribution Corporation) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Title to any purchased items fulfilled in the United States transfers from the respective Company selling entity (i.e., SHEIN Distribution Corporation) to you when the products are delivered to the shipping address provided by you. Any legitimate claims arising from loss or damage during delivery of the order by the carrier to your delivery address must be made to Customer Service within fourteen (14) days after you received the goods, or should have received the goods (in case of lost goods). If we determine that your claim is valid, at our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms and conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).
5.4 Return of product. Returns of items purchased on the Services will be accepted in accordance with our Return Policy. Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (Free return shipping will only be available for one return per order). The refund will be credited to your original method of payment. The following items cannot be returned or exchanged: bodysuits, lingerie, underwear, swimwear, jewelry, accessories, and any other items for which return or exchange is noted as not being supported.
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, "Content"), as well as the design of any products offered on the Services, may be the property of MOTF or others and are protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.
6.2 MOTF Marks. The trademark MOTF and other trademarks, service marks, logos, designs, phrases, page headers, button icons and scripts used by MOTF in connection with the Services are trademarks, service marks, and trade dress of MOTF (collectively, the “Marks”) in the United States and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of MOTF. All other trademarks not owned by MOTF that appear in connection with products offered on the Services are the property of their respective owners, who may not be affiliated with, or connected to, or sponsored by MOTF. Use of the Marks on any portion of the Services, is not a representation that MOTF is the owner of any copyright or other intellectual property rights in the products offered for sale on the Services. Company sources some of its products from third-party manufacturers and wholesalers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to MOTF (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and is subject to the Company’s review and monitoring.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. We reserve all rights not expressly granted in and to the Content.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review, or comment, if any, in connection with such review or comment. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to the Services, such contributed content shall be considered as user-generated content ("UGC") to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
- disclosure of another person’s personal information, the publication of which would violate federal or state law, or otherwise be construed as harassment;
- Sexually explicit or pornographic content;
- derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
- incitements to violence or other dangerous activities;
- terrorism or other criminal activities;
- insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
- harassment, bullying, or threats;
- dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
- false or misleading information or claims pertaining to products made available for purchase on the Services;
- transactions in cryptocurrencies;
- false medical-related claims or contents;
- content that infringes intellectual property rights;
- content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
- any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that MOTF, in its sole discretion, may remove, block any UGC for any reason, in its sole discretion, including any UGC that it determines to violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of your access to all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that MOTF is not obligated to police or actively review UGC prior to its display on the Services, and that you are therefore solely responsible for the UGC you elect to post on the Services.
The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and the App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8.1 App License. Application License. Subject to your compliance with these Terms, MOTF grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a device that you own or control and to run such copy of the App solely for your own personal purposes.
8.2 Downloading the App from Google Play. If you accessed through or downloaded the App from the Google Play store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
8.3 Downloading the App from the Apple App Store. If you accessed the App through or downloaded the App from the Apple App Store, you shall only use the App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. In addition, the following applies if you accessed the App through or downloaded the App from the Apple App Store:
- You acknowledge and agree that (i) these Terms are concluded between you and MOTF only, and not Apple, and (ii) MOTF, not Apple, is solely responsible for the App or content thereof. Your use of the App must comply with the App.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between MOTF and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MOTF.
- You and MOTF acknowledge that, as between MOTF and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and MOTF acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, as between MOTF and Apple, MOTF, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and MOTF acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App.
GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US, INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO TEXT MESSAGES YOU RECEIVE FROM US, TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.
9.1 Enrollment. You must expressly opt into MOTF’s text messaging program (the “Program”) to receive Program messages. By enrolling, you expressly consent to receive recurring SMS and MMS messages from MOTF at the telephone number you designated, including advertising, marketing, news, updates, and other information from or on behalf of MOTF. You acknowledge and agree that Program messages may be sent using an automatic telephone dialing system, another automated system for the selection and dialing of telephone numbers, or any other messaging technology. Your consent to participate in our Program is not required (directly or indirectly) as a condition of purchasing any property, goods, or services and it is not required to use our Site, App, or Services.
9.2 Message Frequency. Program message frequency varies and we may change the frequency of the messages you receive at any time, including in response to your interactions with us.
9.3 Getting HELP. For Program support or assistance, text the keyword HELP to the short code or number from which you currently are receiving our text messages, respond with the keyword HELP to any message you receive from our Program, or email email@example.com
9.4 Opting Out. You can opt out from receiving SMS/MMS text messages through our Program by responding with the keyword STOP to any message you receive from our Program, or just texting STOP to the short code or number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Program at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and that we will not be responsible for honoring such requests.
9.5 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.
9.6 Your Duties for Your Own Phone Number. If you enroll in the Program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at our Customer Service immediately. The Program, if applicable, is offered on an “as-is,” “as-available” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors, T-Mobile, and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages.
9.7 Participation Subject to Termination or Change. If you enroll in MOTF’s Program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout, or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL MOTF BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, LOSS OF BUSINESS OR MANAGEMENT TIME, BUSINESS INTERRUPTION, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT MOTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR THIRD-PARTY SELLERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION SUCH DAMAGES FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
11.2 Cap on Liability. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, MOTF WILL NOT BE LIABLE TO YOU ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PRODUCT PURCHASED ON THE SERVICES FOR MORE THAN THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOTF’S LIABILITY TO YOU EXCEED $100.
11.3 Exclusions. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF DAMAGES IN THIS SECTION 11 SHALL NOT APPLY TO MOTF’S LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY MOTF’S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY MOTF’S FRAUD OR FRAUDULENT MISREPRESENTATION. IN ADDITION, CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOTF AND YOU.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MOTF TO YOU.
12.1 Listing Information is provided “As-Is”. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided "as is," with no express or implied warranties or conditions of the same, except those that may not be excluded by applicable law. I
12.2 Products Sold On The Services. If you purchase a product on the Services, MOTF is obliged to deliver such product in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.
TO THE FULLEST EXTENT PERMITTED BY LAW, MOTF HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY MOTF, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.
12.3 Services Provided “As-Is.”
(1) BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND THE APP, ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
12.4 Exclusions. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY. THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and MOTF agree that any dispute, claim, disagreement arising out of or relating in any way to your access to or use of the Site, App, Services or the Agreement and prior versions of the Agreement, including claims and disputes that arose between us before the effective date of this Agreement (each a “Dispute”), will be resolved by binding arbitration, rather than in court, except that (i) you and MOTF may assert claims or seek relief in a small claims court if such claims qualify and remain in small claims court; and (ii) you and MOTF may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
13.2 Waiver of Jury Trial. YOU AND MOTF 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 MOTF are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the paragraph entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
13.3 Class Action Waiver. YOU AND MOTF AGREE THAT, EXCEPT AS SPECIFIED IN THE PARAGRAPH ENTITLED “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph, “Class Action Waiver” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and MOTF agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the courts indicated in paragraph 13.11 below. All other Disputes shall be arbitrated or litigated in small claims court. This paragraph does not prevent you or MOTF from participating in a class-wide settlement of claims.
13.4 Informal Dispute Resolution. You and MOTF agree to try to resolve any Dispute informally before resorting to arbitration. You and MOTF therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to MOTF that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to firstname.lastname@example.org or by regular mail to Paracorp, 2140 S. DuPont Hwy Camden, DE 19934. Notice to you will be sent to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
13.5 Arbitration Procedures. You and MOTF agree that this Arbitration Agreement affects interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., applies. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and MOTF agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Any arbitration of a Dispute relating to your access to or use of the Site, the App, or Services, any products sold or distributed through the Site or the App primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of the JAMS’ policy regarding Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules. If there is a conflict between the JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control.
13.6 A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. To initiate arbitration, you must send the Request to Paracorp, 2140 S. DuPont Hwy Camden, DE 19934. If we initiate arbitration, we will send the Request to the address or email address associated with your account or to your publicly available address or email address if you do not have an account with us. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Unless you and MOTF otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration will be conducted in the county where you reside.
13.7 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and MOTF agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against MOTF by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by MOTF. You and MOTF agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
13.8 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the paragraph entitled “Class Action Waiver,” including any claim that that same paragraph is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the paragraph entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.9 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to email@example.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. If the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the courts indicated in paragraph 13.12 below.
13.10 Invalidity, Expiration. Except as provided in the paragraph entitled “Class Action Waiver”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with MOTF as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
13.11 Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if MOTF makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to MOTF at Paracorp, 2140 S. DuPont Hwy Camden, DE 19934, your continued use of the Site, the App and/or Services, including the acceptance of products and services offered on the Site or App following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site or the App, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. MOTF will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
13.12 Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Delaware (except for small claims court actions which may be brought in the county where you reside).
14.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
14.3 Electronic Communications. The communications between you and MOTF may take place via electronic means, whether you visit the Services or send MOTF e-mails, or whether MOTF posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from MOTF in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MOTF electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
14.4 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. This provision does not require you to indemnify MOTF for any unconscionable commercial practice by MOTF or for MOTF’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder.
14.5 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
14.6 Applicable Law. These Terms along with your use of the Services and the purchase of products through Services shall be governed by the laws of the State of Delaware, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.
14.7 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service 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.
14.8 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and MOTF agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in California.
14.9 Notice. Where MOTF requires that you provide an e-mail address, you are responsible for providing MOTF with a valid and current e-mail address. In the event that the e-mail address you provided to MOTF is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, MOTF’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to MOTF to Paracorp, 2140 S. DuPont Hwy Camden, DE 19934. Such notice shall be deemed given when received by MOTF’s agent for service of process.
14.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
14.11 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed jurisdiction (currently, Cuba, Iran, North Korea, Syria, and the Crimea, so-called Donetsk People’s Republic, and so-called Luhansk People’s Republic), or (b) to anyone designated on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties (including, but not limited to, the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or Foreign Sanctions Evaders List or the U.S. Department of Commerce’s Denied Person’s List or Entity List). By using the Service, you represent and warrant that (i) you are not located in a country or territory that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “state sponsor of terrorism” and (ii) you are not listed on, or 50% or more owned or otherwise controlled by persons designated on, any governmental list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons proliferation. You acknowledge and agree that products, services or technology provided by MOTF are subject to the export control laws and regulations of the United States and other applicable jurisdictions. You shall comply with these laws and regulations and shall not, without prior U.S. or other relevant government authorization, export, re-export, or transfer MOTF products, services or technology, either directly or indirectly, to any jurisdiction in violation of such laws and regulations.
15.1 Notice Requirement. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.
If you believe that any material located, or linked to, on the Services violates your copyright, trademark, or other intellectual property rights, please submit your complaint through our online intellectual property complaint portal. Alternatively, you may send a notice of claimed infringement to firstname.lastname@example.org with the subject "Takedown Request," and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that has been allegedly infringed;
- Identification of intellectual property beinginfringed, including, if any, the corresponding registration number and corresponding country of registration.
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials on the Site or the App, with sufficient detail so that MOTF can find it.
- If a design patent is at issue, identify the design patent that you claim has been infringed along with the patent registration number.
- If a utility patent is at issue, identify the utility patentthat you claim has been infringed along with a Court Order or Judgment supporting your
- Your full legal name, company affiliation (if any), mailing address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
You may also send notices containing the above-required information to the following address:
Copyright Agent, Legal Department
SHEIN Distribution Corporation
757 S. Alameda Street
Los Angeles, CA 90021-1672
Upon receipt of such notices, we reserve the right to remove or disable access to the material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the applicable material; and terminate access to and use of the Services for any user or Third-Party Seller who repeatedly infringes the intellectual property rights of MOTF or others, or as otherwise stated in this Agreement or our policies.
15.2 Counter Notice Requirements
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our copyright agent designated above. In accordance with the Digital Millennium Copyright Act (“DMCA”), your notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, mailing address, telephone number, and email address).
- Astatement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided MOTF with the complaint at issue.
The removed material may be replaced or access to it may be restored 10 to 14 business days after the counter notice is processed unless the party claiming infringement files a lawsuit against you. Please be aware that if you misrepresent that material is not infringing, you may be liable for damages or penalties (including costs and attorneys' fees). MOTF reserves the right to reject any counter notifications filed in bad faith.
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at email@example.com. Customer service inquiries should be made through our Customer Service.
The Services are intended for U.S.-based users and products sold on the Services are sold only to users located in the U.S. MOTF makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.