TERMS OF SERVICE
Last Updated: June 25, 2022
SECTION 1 – BINDING AGREEMENT
This website (“Site”) is operated by Mushee Cosmetics LLC (“Mushee Cosmetics”, “we”, “us” or “our”). Throughout this Site, the terms “Mushee Cosmetics”, “we”, “us” and “our” refer to Mushee Cosmetics LLC. Mushee Cosmetics offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 2 – CHANGES TO TERMS OF SERVICE
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 3 – OUR INFORMATION
Mushee Cosmetics is a California limited liability company. Our address is www.musheecosmetics.com, 1968 S. Coast Hwy #149, Laguna Beach, CA 92651. Mushee Cosmetics’ Legal Department may be contacted at: Mushee Cosmetics LLC, Attn: Legal Department, 1968 S. Coast Hwy #149, Laguna Beach, CA 92651. All legal notices shall be sent by registered or certified mail to this address.
SECTION 4 – OUR ONLINE STORE HOST
Our online store is hosted on and/or by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Any new features or tools which are added to the current store shall also be subject to Shopify’s Terms of Service. You can review the most current version of Shopify’s Terms of Service at any time: https://www.shopify.com/legal/terms.
SECTION 5 – YOUR REPRESENTATIONS & WARRANTIES
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this Site. You also represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.
SECTION 6 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings preceding the text of the paragraphs of these Terms of Service are included solely for convenience of reference and do not affect the meaning, interpretation or effect of these Terms.
SECTION 7 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 8 – MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are shown in US dollars (US$). Taxes and shipping charges are additional. All prices are subject to change or adjustment without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 9 – PRODUCTS OR SERVICES
All products or services are available exclusively online through www.musheecosmetics.com, our official Facebook Shop or Instagram Shop (@musheecosmetics). These products or services may have limited quantities and are subject to return only according to our Refunds & Returns Policy on www.musheecosmetics.com.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. We cannot guarantee that your computer monitor's/device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited, to copyright laws).
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Promotional and/or discount codes can be specific to dates, products or minimum total amount. You cannot combine any promotional and/or discount codes and sales with any other offers. Limit of one promotional and/or discount code per order. Promotional and/or discount codes cannot be used for any past purchases, are non-transferable, and are non-refundable. For questions or assistance with a promotional and/or discount code, please contact our Customer Support team. All promotional and/or discount codes are subject to change at any time.
SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to cancel orders at our discretion if we believe that a customer violates applicable law or acts in a way that is harmful to our interests.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Support team may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 – THIRD-PARTY LINKS
Certain content, products and services available via our Site may include materials from third parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 – DISCLAIMERS
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided on an “as is”, “as available” and “with all faults” basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to the Site content, user content, or security associated with the transmission of information to the Site.
We do not guarantee, represent or warrant that the Site and/or your use of the Site will be uninterrupted, timely, secure, error-free, typo-free, or available, that defects will be corrected, or that the Site or server that makes the Site available is free from any harmful components, including, without limitation, viruses.
We do not make any representations or warranties that the results, information and/or instructions that may be obtained from the use of the Site will be accurate, complete or useful. You acknowledge that your use of the Site is at your sole risk. We do not warrant that your use of the Site is lawful in any particular jurisdiction, and we specifically disclaim any such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Service.
We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
SECTION 17 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, keystroke loggers or any other type of malicious code or programs that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
SECTION 18 – PERMITTED USE OF MATERIALS ON OUR SITE
The content on our Site is provided for your personal, private and non-commercial use only. You may print or share the content from our Site for lawful personal, private and non-commercial purposes, and you may also make others within your organization aware of the content on our Site. You may not otherwise extract, reproduce, sell, resell, exploit or distribute the content of our Site without our express prior written consent. Whenever you print, download, share or pass on content from our Site to others with our express prior written consent, you must not make any additions or deletions or otherwise modify any text from our Site, you must not alter or change any images, media or graphics from our Site in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our Site.
SECTION 19 – TRADEMARK & COPYRIGHT PROTECTIONS PREVENT UNAUTHORIZED USE
All material from the Site is considered property of Mushee Cosmetics and unauthorized use of such material is strictly prohibited. This includes any content such as graphics, hyperlinks, images, text, etc. Mushee Cosmetics’ trademarks, service marks, and logos and other proprietary designs ("Intellectual Property") used and displayed on the Site are considered property of Mushee Cosmetics. All such rights are protected by intellectual property laws around the world, and all rights are reserved.
No portion of the Site may be copied, sold, reproduced, duplicated, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Mushee Cosmetics. There shall be no representation made on the Site that would be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property displayed on the Site. Mushee Cosmetics’ Intellectual Property may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mushee Cosmetics, its reputation, or its products/services.
SECTION 20 – LIMITATIONS OF LIABILITY
In no case shall Mushee Cosmetics, our owners, members, managers, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from changes to or termination of the Service, your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By agreeing to these Terms, you willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that you have relinquished your right to seek damages mentioned in this clause and that this is a reasonable allocation of risk.
You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any site, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any site, service, property, product or other content owned or controlled by us.
To the extent that any of the provisions of this Section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law. If you are a consumer, the provisions in these Terms of Service are intended to be only as broad and inclusive as is permitted by the law of your state of residence.
SECTION 21 – FORMS OF DISPUTE RESOLUTION
Any controversy, claim or dispute of whatever nature arising between a user of the Site, on the one hand, and Mushee Cosmetics and/or the Related Parties (as defined in this clause), on the other, including but not limited to those arising out of or relating to the Terms of Service or any other relationship of a user of the Site and Mushee Cosmetics and/or the Related Parties (for purposes of this Section each is a “party”), whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law, or otherwise (“Dispute”), shall be settled through negotiation, mediation or arbitration, as provided in this clause.
If a Dispute arises, the parties shall first attempt in good faith to resolve it promptly by negotiation. Any of the parties involved in the Dispute may initiate negotiation by providing notice (the “Dispute Notice”) to each involved party setting forth the subject of the Dispute and the relief sought by the party providing the Dispute Notice, and designating a representative who has full authority to negotiate and settle the Dispute. Within ten (10) business days after the Dispute Notice is provided, each recipient shall respond to all other known recipients of the Dispute Notice with notice of the recipient’s position on and recommended solution to the Dispute, and designating a representative who has full authority to negotiate and settle the Dispute. Within twenty (20) business days after the Dispute Notice is provided, the representatives designated by the parties shall confer either in person at a mutually acceptable time and place or by telephone or video conferencing, and thereafter as often as they reasonably deem necessary to attempt to resolve the Dispute.
At any time, twenty (20) business days or more after the Dispute Notice is provided, but prior to the initiation of arbitration, regardless of whether negotiations are continuing, any party may submit the Dispute to the American Arbitration Association (AAA - https://www.adr.org/) for mediation by providing notice of such request to all other concerned parties and providing such notice and a copy of all relevant Dispute Notices and notices responding to AAA. In such case, the parties shall cooperate with AAA and with one another in selecting a mediator from AAA and in promptly scheduling the mediation proceedings, and shall participate in good faith in the mediation either in person at a mutually acceptable time and place or by telephone or video conferencing, in accordance with AAA’s mediation procedures and this Section, which shall control.
Any Dispute not resolved in writing by negotiation or mediation shall be subject to and shall be settled exclusively by final binding arbitration before a single arbitrator in accordance with the Consumer Arbitration Rules of AAA. No party may commence arbitration with respect to any Dispute unless that party has pursued negotiation and, if requested, mediation, provided, however, that no party shall be obligated to continue to participate in negotiation or mediation if the parties have not resolved the Dispute in writing within sixty (60) business days after the Dispute Notice was provided to any party or such longer period as may be agreed by the parties in writing. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. Notwithstanding any contrary rules promulgated by the AAA, the following shall apply to all arbitration actions:
- The Federal Rules of Evidence shall apply in all cases;
- The parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The arbitration shall occur within one hundred-twenty (120) days from the date on which the arbitrator is appointed, and shall last no more than five (5) business days;
- The parties shall be allotted equal time to present their respective cases, including cross-examinations.
The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any provision of the Terms of Service, or to rule upon or grant any extension, renewal or continuance of the Terms of Service. Furthermore, the arbitrator shall not have the power to award special, incidental, indirect, punitive, exemplary, or consequential damages of any kind or nature, however caused.
All communications, whether verbal, written or electronic, in any negotiation, mediation or arbitration action shall be treated as confidential and those made in the course of negotiation or mediation, including any offer, promise or other statement, whether made by any of the parties, their agents, employees, experts, or attorneys, or by the mediator or any AAA employee, shall also be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and shall be inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in negotiation or mediation.
The costs of negotiation, mediation, and arbitration, including fees and expenses of any mediator, arbitrator, AAA, or other persons independent of all parties acting with the consent of the parties to facilitate settlement, shall be shared in equal measure by the user of the Site, on the one hand, and Mushee Cosmetics and any Related Parties involved, on the other. The parties shall bear their own legal fees and expenses of negotiation, mediation and arbitration.
Although the Terms of Service agreement is made and entered into between a user of the Site and Mushee Cosmetics, Mushee Cosmetics’ affiliates, owners, members, managers and employees (“Related Parties”) are intended third party beneficiaries of the Terms of Service, including this agreement to negotiate, mediate and arbitrate. The parties acknowledge that nothing in these policies is intended to create any involvement by, responsibility of, or liability of the Related Parties with respect to any dealings between a user of the Site and Mushee Cosmetics, and the parties further acknowledge that no provision of the Terms of Service shall be argued by any party to constitute any waiver by the Related Parties of any defense which the Related Parties may otherwise have concerning whether they can properly be made a party to any dispute between a user of the Site and Mushee Cosmetics.
Any party may seek specific performance of this Section, and any party may seek to compel each other party to comply with the provisions of this Section by petition to a court of competent jurisdiction in the State of California. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction in the State of California, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending. The prevailing party in any proceeding enforcing the provisions of this Section shall be entitled to recover from the other party the reasonable attorneys’ fees and costs incurred by the petitioning party in obtaining the requested relief. If any portion of this Section is held to be unenforceable for any reason, the remainder shall remain in full force and effect.
Nothing in this Section shall preclude any party from seeking interim or provisional relief concerning the Dispute, including a temporary restraining order, a temporary or preliminary injunction, or an order of attachment, either prior to or during negotiation, mediation or arbitration.
SECTION 22 – CLASS ACTION WAIVER
By using the Site and agreeing to these Terms of Service, you understand and agree that you will waive your right to have any dispute or claim brought, heard or arbitrated as a class action, collective action or representative action (the “Class Action Waiver”). Notwithstanding any other clause contained in these Terms of Service or the rules of the American Arbitration Association, any claim that all or part of this Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable must be determined only by a court of competent jurisdiction.
SECTION 23 – PERIOD OF LIMITATION
Should you bring a claim against Mushee Cosmetics for any alleged act or omission of Mushee Cosmetics relating to or arising from these Terms of Service, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. Failure to bring such action within such time shall bar all claims against Mushee Cosmetics for such act or omission. You hereby relinquish and waive all claims permissible by any other applicable statutes of limitation.
SECTION 24 - INDEMNIFICATION
You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to indemnify, defend and hold harmless Mushee Cosmetics and our parent, subsidiaries, owners, members, managers, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising from or related to your participation as a user of the Site, your breach of these Terms of Service or the documents they incorporate by reference, any defamatory or infringing content posted by you, or any misrepresentation made by you or your violation of any law or the rights of a third-party (including any intellectual property, publicity, confidentiality, property or privacy right). You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
SECTION 25 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and only the unenforceable portion of the provision shall be deemed to be severed from these Terms of Service. The severed provision or portion shall then be reformed to reflect the purpose of the provision as closely as possible. All other remaining provisions of these Terms shall remain in full force and effect, and their validity and enforceability shall be unaffected.
SECTION 26 – WAIVER
The failure of Mushee Cosmetics to partially or fully exercise any rights or remedies that may be available to it, or the waiver of Mushee Cosmetics of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such rights by Mushee Cosmetics and shall not be deemed a waiver by Mushee Cosmetics of any subsequent breach by you of the same or any other provision of the Terms of Service. Our rights and remedies under the Terms of Service and any other applicable agreement between you and Mushee Cosmetics shall be cumulative, and the exercise of any such right or remedy shall not limit our ability to exercise a different or additional right or remedy.
SECTION 27 – TERMINATION
A breach or violation of any of the Terms will result in an immediate termination of your Service(s).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service(s), or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny your access to our Site and Service(s) (or any part thereof).
SECTION 28 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 29 – GOVERNING LAW AND JURISDICTION
These Terms of Service, any separate agreements whereby we provide you Services, and any matter relating to or arising from these Terms of Service or any element of your relationship with Mushee Cosmetics shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. The Federal Arbitration Act shall govern all matters relating to arbitration.
Each party agrees that the courts of Orange County, State of California shall have exclusive jurisdiction to settle any matter, dispute or claim not subject to arbitration and arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
SECTION 30 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via Contact Us on www.musheecosmetics.com.