WEBSITE TERMS AND CONDITIONS OF USE
Please read these terms of use and conditions carefully before placing an order with us or otherwise using this website. This product website (“Website”) is owned and operated by SHALIA ORGANICS, LLC (“Company”). These Terms of Use, and any amendments or supplements thereto, form a binding agreement between you and the Company (“Agreement”). The Terms of Use govern your access to and use of the Website, any order you place with the Company, and your use of our products and services (“Your Use”). You understand that the Company has the right to modify the terms of these Terms and Conditions of Use at any time without prior notice to you, and that you should review the Terms and Conditions of Use each time you visit this Website for any reason. Your continued use of the Website shall act as your acceptance of all of the language contained in these Terms and Conditions of Use.
Your Use of this website is deemed to constitute your consent to be bound by these Terms of Use and shall be enforceable in the same way as if you had signed the Agreement. In order to be eligible to use this Website, you must be at least eighteen (18) years of age AND be permitted to enter into a binding agreement under applicable law. This Website is not intended to be used by children under the age of eighteen (18) and no person under the age of eighteen (18) may use this Website. By using this Website, you are affirming that you are at least eighteen (18) years of age. You must be of the legal age to purchase CBD products as required by the state or province in which you live. It is your responsibility to identify whether you are legally able to buy our products. It is your responsibility to identify whether the purchase of CBD products is legal in your state.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE, PLACE AN ORDER, OR USE ANY COMPANY PRODUCT.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM, AS DEFINED HEREIN, TO BINDING INDIVIDUAL ARBITRATION IN LIEU OF FILING ANY ACTION IN ANY COURT OF COMPETENT JURISDICTION. IF YOU WISH TO OPT OUT OF THE MANDATORY ARBITRATION AGREEMENT, YOU MUST DO SO ACCORDING TO THE INSTRUCTIONS SET FORTH BELOW. THIS ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVUALLY AND NOT AS PART OF A CLASS ACTION.
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IMPORTANT DISCLAIMER REGARDING INFORMATION CONTAINED ON THIS WEBSITE
THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE. THE CONTENTS OF THE SHALIA BOTANICALS WEBSITE, INCLUDING WITHOUT LIMITATION, GRAPHICS, DESIGN AND TEXT, AND ANY OTHER CONTENT INCLUDED ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THIS WEBSITE, AND THE CONTENTS THEREIN, ARE NOT INTENDED TO ACT AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSES OR TREATMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, VALIDITY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE. YOUR USE OF THIS WEBSITE, AND YOUR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE ABOUT A MEDICAL CONDITION AND ANY MEDICAL TREATMENT. YOU SHOULD NEVER DISREGARD THE ADVICE OF YOUR MEDICAL PROFESSIONAL, OR DELAY SEEKING TREATMENT FOR A MEDICAL CONDITION BASED ON ANY INFORMATION CONTAINED ON THIS WEBSITE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
THE COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
LIMITATION ON LIABILITY AND INDEMNIFICATION
BY USING THIS WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS (“RELEASED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold the Released Parties, together with their respective co-branders, and suppliers, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Company that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
USER-GENERATED CONTENT
You may upload photographs, comments, reviews and other communications to this Website (“Your Content”), ONLY with prior permission from the Company. Any of Your Content that is submitted and approved may appear on the website 48-72 hours after submission. You will retain your ownership interest in all Your Content or files provided by you to Company via the Website, social media postings, forums, uploads, postings, and/or by email, mobile apps, text messaging, mail, or otherwise, including any text, photos, artwork, videos, or audio clips contained in Your Content. By posting or submitting Your Content to Company, you hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content and the name submitted in connection with Your Content, throughout the world in any and all media now known or hereafter conceived. Company and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
By posting any of Your Content to the Website, you represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) Your Content is accurate; (c) use of Your Content does not violate this Agreement and does not violate the privacy rights, publicity rights, trademarks rights, copyright interests, contract rights or any other rights of any person or entity and will not cause injury to any person or entity; and (d) by providing Your Content to the Company, you (or if a minor, your parent or legal guardian) and your heirs, successors and assigns, hereby discharge and release, and agree to indemnify and hold harmless, Company and its parent entities, subsidiaries, affiliates, agents, representatives, successors and assigns, and their respective members, shareholders, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”), from any action or liability of any kind and all damages relating thereto, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs, in connection with Your Content. You will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services. Company has the right, but not the obligation, to post Your Content, and monitor, edit or remove any activity or content. Company takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
Prior to uploading any of Your Content, you must submit any proposed content to the Company by contacting info@shaliabotanicals.com.
LINKS TO THIRD-PARTY WEBSITES
The Company website, solely as a convenience to website users, may contain links to other websites, including without limitation, advertisers. The Company has no control over the content of any other website, and the presence of links to any other website shall not be construed as an endorsement by Company of any content on those websites. You understand and agree that if you access, view or use any such website link, you do so at your own risk. You understand and agree that Company makes no representations or warranties regarding the content or legality of the content of any such sites, and that Company has no responsibility for the reliability, availability of content of any other website, or for any of the content contained on any other website.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE
By using this Website you acknowledge and agree that all content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by any suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using the Website or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
PLACING A PRODUCT ORDER ON THIS WEBSITE
Company reserves the right, without prior notice to you of this Website, to discontinue or make changes to product formulations and/or product pricing without incurring any obligation to you. The Company makes no guarantee that the product prices, product descriptions and product packaging are accurate and current. Company, to the best of its ability, attempts to ensure that the product prices, product descriptions and product packaging listed and displayed on the Website are accurate. If you order a product from this Website, and the product packaging does not match the depiction of the product as seen on the Website when you receive it, your sole remedy is to return it to us in an unused and undamaged condition, in its original packaging, in accordance with our Return Policy which is listed below.
PRODUCT PRICING: By placing an order on this Website you agree that you understand that product availability and pricing are subject to change without prior notice to you. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered, however, Company makes no guarantee or warranty with respect to the accuracy of the information contained on the Website. Company reserves the right to revoke any special pricing of products sold on the Website, to correct any errors, inaccuracies, or omissions contained on the Website, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
If you order a product, payment must be received by Company prior to Company’s acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s).
Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Company reserves the right to report you to federal, state and/or local enforcements authorities.
PAYMENT FOR ORDERS PLACED THROUGH THIS WEBSITE
Payment for all products ordered through the Website is due upon submitting your order on the Website. No order will be processed or shipped until the payment process has been completed and payment has been approved. Company may require additional information from you in order to process an order. If you do not provide the necessary information to Company, Company reserves the right to refuse to process the order, or cancel or limit the order after such order has been placed. When you place an order for products from the Company through this website, telephone, facsimile, or otherwise, you agree to provide the Company with current and accurate payment information, which is your payment information or payment information that you have been authorized to provide to the Company. Company retains the right to cancel any order placed by you, and/or to temporarily suspend or permanently terminate your customer account with Company if Company has reasonable grounds to believe that you have provided incomplete, inaccurate, fraudulent, or otherwise unsatisfactory payment information to Company in connection with any order. Your submission of an electronic order through this Website, confirms your agreement that the submission of that order is sufficient to satisfy any relevant Statute of Frauds, and no further writing will be required.
Upon Company’s acceptance of your properly completed order, including processing of payment for that order, the Company will assemble your order and prepare it for shipping. All orders are subject to availability of Company product. If any of the product(s) in your order are not available, the Company will promptly inform you of the unavailability, and may offer you alternative product(s).
SHIPPING AND RISK OF LOSS
The Company will add applicable shipping and handling fees to your order as set forth in the Shipping Policy contained in these Terms and Conditions of Use. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company’s good-faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order), Company will use reasonable good faith efforts to contact you. If Company cannot contact you or you no longer wish to receive the item, Company will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States or in areas where Company products are prohibited.
SALES TAX
The Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most product purchases, but some states exclude certain items. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on product purchases. Company is required to follow the rules of each state, and your final order total will include the appropriate state and local taxes.
RETURN POLICY
The Company will not accept the return of any product unless the product is returned new, unopened, and sealed in its original packaging. If you wish to return a product, you must notify Customer Service within 10 (ten) days of your receipt of the product of your intent to return the product. You must obtain a return-goods authorization form (RGA form) from Customer Service for any and all returns prior to returning the product. All product returns must be received within fifteen (15) days of the initial shipment of the product from the Company to you. NO REFUNDS will be issued if the returned product is received by the Company after fifteen (15) days of the initial shipment of the product from the Company to you.
All product returns are subject to the Company’s returned goods policy and a MINIMUM 15% restocking charge.
SHIPPING OPTIONS
All standard orders are processed and shipped within 1 to 3 business days. Shipments within the continental U.S. typically arrive within 3-8 business days from the date of shipment, not including Alaska and Hawaii.
If you want your products sooner, you may choose an expedited shipping method. Expedited orders will always be processed before those with standard shipping, however a charge will be associated with all expedited shipping methods. Current shipping rates are available on our website, and you can obtain that information from a customer service representative.
International Shipping
Please contact customer service directly for international shipping rates.
YOUR COMMUNICATIONS WITH THE COMPANY
You acknowledge that telephone calls to or from Company may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information that you Company, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Company, you expressly agree to be contacted by Company at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Company relating to this Agreement, any purchase or transaction with Company, matters related to your account (including debt collection), and promotions regarding Company’s products. These communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Company will not be responsible for these charges.
You understand and agree that information communicated on the Website constitutes an electronic communication. When you communicate with Company through the Website or via other forms of electronic media, such as e-mail, Apps, or social media, you are communicating with Company electronically. You agree that Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications provided to you by Company electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Company or you).
You further acknowledge and agree that by clicking on any buttons contained on the Website, which are labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Company, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
INABILITY TO USE WEBSITE OR TERMINATION OF WEBSITE
By using this Website, you agree that Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Company, in its sole discretion, deems appropriate. You further agree that Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Company’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
DISPUTE RESOLUTION: MANDATORY ARBITRATION AGREEMENT
PLEASE READ THIS MANDATORY ARBITRATION PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE SPECIFIC CLAIMS SPECIFICALLY SET FORTH BELOW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST AND WILL BE RESOLVED THROUGH A BINDING ARBITRATION PROCESS. A CLAIM IS DEFINED AS ANY DISPUTE BETWEEN YOU AND THE COMPANY AND/OR ANY ADDITIONAL THIRD PARTY RELATED TO YOUR ACCOUNT, YOUR USE OF THE COMPANY’S WEBSITE AND THE PURCHASE, USE, AND/OR RETURN OF THE COMPANY’S PRODUCTS.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING A RIGHT TO A JURY TRIAL. THE RIGHTS THAT WOULD BE AVAILABLE TO YOU BY VIRTUE OF A JURY TRIAL MAY NOT EXIST IN, OR MAY BE LIMITED IN, BINDING ARBITRATION. YOU FURTHER AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR CAPACITY AS AN INDIVIDUAL, AND MAY NOT PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CLASS ACTION PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLODATE ANY CLAIMS OR OTHERWISE PRESIDE OVER A REPRESENTATIVE OR CLASS ACTION PROCEEDING. THE FEDERAL ARBITRATION ACT AND FEDERAL LAW APPLY TO THIS AGREEMENT. ANY ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. The American Arbitration Association’s rules are available for review at www.adr.org, or by calling 1-800-778-7879.
You understand that there is no judge or jury in arbitration, and the ability of a court to review an arbitration award is limited. You also understand that an arbitrator can award the same damages and relief to you as an individual as a court can, and the arbitrator must follow these Terms of Use just as a court would. The arbitrator may award costs or fees to a prevailing party, but only if applicable law allows it. Any award rendered shall include a written opinion and shall be final, subject to limited appeal rights under the FAA. You further understand and agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from American Arbitration Association (AAA) Commercial Rules and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal. You understand and agree that all issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures are for the court to decide.
This Arbitration provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. Except as provided otherwise in the “waiver of class and representative procedures” provision, if a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
EXCEPTIONS TO BINDING ARBITRATION
You or the Company may pursue in small claims court, all claims that are within the jurisdiction of a small claims court, and that proceed on an individual (non-class) basis. Neither you nor the Company shall demand arbitration in connection with a properly filed small claims action, so long as that claim is pending solely in that court. Arbitration will also not apply to claims related to trade secret misappropriation, patent infringement, copyright infringement or misuse or trademark infringement. You agree that for any claims brought before a small claims court, shall be governed by the laws of the state of Kentucky, without regard to principles of conflict of laws, and you waive any objection which you may have at any time to the laying of venue of any proceedings brought in any such court, waive any claim that such proceedings have been brought in an inconvenient forum and further waive the right to object, with respect to such proceedings, that such court does not have jurisdiction over you. You further agree that any claim not subject to the arbitration or small claims provisions in this Agreement shall be filed only in the Jefferson County, Kentucky District or Circuit Court, and you consent irrevocably and unconditionally to the jurisdiction of these courts for any such claims.
Company makes no warranties or guarantees with respect to the location of arbitration. Arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree.
Mandatory Pre-Arbitration Procedure: You agree that prior to initiating any claim against the Company, you will provide the Company with an opportunity to resolve the alleged issue. You shall provide to the Company, in writing, a detailed description of the alleged issue. Your written notice will be mailed to Shalia Organics, LLC, 1920 Stanley Gault Parkway, Suite 100, Louisville, Kentucky 40223, Attention: General Counsel. You further agree to act in good faith in your negotiations with the Company with respect to your alleged issue. You agree that if your alleged issue is not resolved within ninety (90) days of the Company’s receipts of your written notice to the Company regarding the alleged issue, you agree to the arbitration requirement as set forth herein.
AMENDMENTS TO THE ARBITRATION PROVISION
You understand that the Company may amend this Arbitration provision at any time without prior notice to you. Your continued use of the Company website, purchase and/or use of a Company product, is verification of your consent to such changes. If the changes to the Arbitration provision are material in nature, the Company will make best efforts to provide you with notice and the opportunity to opt out. Your continued use of the Company website, your purchase of and/or use of a Company product, is verification of your consent to such material change or changes.
YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION
YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS OF THE DATE OF YOUR PURCHASE OF A COMPANY PRODUCT, USE OF A COMPANY PRODUCT OR ATTEMPTED USE OF A COMPANY PRODUCT, WHICHEVER OCCURRENCE IS FIRST. WRITTEN NOTICE OF YOUR ATTEMPT TO OPT OUT OF THE ARBITRATION PROVISION MUST BE SENT TO SHALIA BOTANICALS, LLC, ATTN: GENERAL COUNSEL, 1920 STANLEY GAULT PARKWAY, SUITE 100, LOUISVILLE, KENTUCKY 40223. IN ORDER FOR YOUR OPT-OUT TO BE VALID AND EFFECTIVE, YOU MUST SUBMIT A WRITTEN AND SIGNED NOTICE WHICH IDENTIFIES ANY COMPANY PRODUCT THAT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE LAST THIRTY (30) DAYS. OPT OUTS WHICH ARE NOT TIMELY SUBMITTED TO THE COMPANY WILL NOT BE VALID. IF YOU SUBMIT AN UNTIMELY OPT OUT, YOU UNDERSTAND THAT YOU WILL BE REQUIRED TO PURSUE ANY CLAIM THROUGH ARBITRATION.
EXCLUSIVE JURSDICTION AND VENUE FOR OTHER CLAIMS
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Jefferson Circuit Court or Jefferson District Court, Jefferson County, Kentucky, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
COMPANY REMEDIES
You understand that if you violate the terms of this Agreement, the Company could incur irreparable harm or injury. In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.