Terms of Sale
Effective Date: January 1st, 2018
Welcome to the AYSHANY.com website administered by Aysha Collection Inc. (“AYSHA NY”,, “Aysha Collection” “we”, “us” or “our”). PLEASE READ THIS TERMS OF SALE AGREEMENT CAREFULLY. THE TERMS OF SALE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND AYSHA NY AND STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.AYSHANY.COM (THE “SITE”), THE SERVICES OFFERED THROUGH THE WEBSITE, AND ANY ORDERS THAT YOU PLACE WITH US (COLLECTIVELY, THE “SERVICES”).
By accessing or using the Site, placing an order for clothing or accessories offered by AYSHA NY (“Products”), checking a box or using any other consent protocol presented on our Site to indicate your assent to this Agreement, and/or completing the registration process, you hereby represent that: (1) you have read, understand, and agree to be bound by the Terms of Sale Agreement and any future amendments and additions to the Terms of Sale Agreement as published from time to time at https://www.ayshany.com/privacy-policy/; (2) you are of legal age in the jurisdiction in which you reside to form a binding contract with AYSHA NY; and (3) you have the authority to enter into the Terms of Sale Agreement. If you do not agree to be bound by the Terms of Sale Agreement, you may not access or use the Services.
PLEASE BE AWARE THAT SECTION 15 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF SALE AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE 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 (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Any dispute or claim relating in any way to your use of the Services will be governed and interpreted by and under the laws of the state of New York, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from THE TERMS OF SALE Agreement.
Your use of, and participation in, certain Services offered by us may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Sale Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Sale Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such Service. The Terms of Sale Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY AYSHA NY IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms of Sale Agreement available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the Terms of Sale Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2(a) below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Services (each, a “User”) and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to such Users. AYSHA NY may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
1. SHIPMENTS, RETURNS AND EXCHANGES
a. Style Me Box Shipments. When you submit an order for a Style Me Box, we will send you between three and eight Products chosen by AYSHA NY, at our sole discretion. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the Style Me Box, and you will be charged for the items you keep as described in Section 7. While AYSHA NY makes efforts to follow the style and price preferences you express when you order a Style Me Box, we do not guarantee that every item in your Style Me Box will comply with those preferences. You are responsible for paying for all Products in your Style Me Box, whether they conform to those preferences or not, unless you return the Products in accordance with our return policy. Your scheduling of a Style Me Box is an offer to purchase the Products in the Style Me Box. We may accept your offer by processing your Styling Fee payment, if applicable, and shipping you the Style Me Box. For any reason, we may decline to accept your request for a Style Me Box. If we decline to accept your request for a Style Me Box, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier.
b. Scheduling. If you are a registered User of the Site, you may schedule a Style Me Box through the Services. If you order a Style Me Box(s), you authorize us or the third party payment processing service provider that we engage to charge you the Styling Fee in accordance with this Agreement. For all Style Me Box orders, you authorize us or the third party payment processing service provided to charge any minimal credit card verification fee. As explained in Section 6, you are responsible for: (i) the Styling Fee for any additional Style Me Box(s) you order; and (ii) the price of any Products that are not returned in accordance with our policies. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States) or it is to an address that we determine is associated with fraudulent purchases.
c. Returns. If you want to return any of the Products in your Style Me Box, simply place them in the return package we provide and mail them back to us at no cost to you. Any returned Products from your Style Me Box must be postmarked no later than four (4) days after you receive the package (the “Style Me Box Return Date”). We will assume that you have chosen to keep any Products in the Style Me Box that you do not postmark back to us by the Style Me Box Return Date, and your Account will be charged for those Products any time after the Style Me Box Return Date. If you want to return any Products ordered directly through the Site, and not in a Style Me Box, simply email us at email@example.com to request a USPS return label and mail them back to us. Any returned Products ordered directly through the Site, and not in a Style Me Box, must be postmarked no later than twenty-one (21) days after the package is delivered to the address provided on your order(the “Retail Return Date”). All returned Products must be unworn and in the original condition.
You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. Any exceptions permitting a return postmarked later than the Style Me Box Return Date or Retail Return Date, as applicable, must be requested in a timely manner and may be granted at the sole discretion of AYSHA NY. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item.
d. Exchanges. If you want to exchange any Product(s) you order directly through the Site (e.g., for a different size), you can request an exchange by emailing us at firstname.lastname@example.org. An exchange may not be available in all cases, depending on Product availability. If you elect to receive an exchange, return the original Product as described above by the Retail Return Date. The exchange Product will be sent separately to you. If you fail to return the original Product by the Retail Return Date or if the original Product is damaged or shows signs of wear, AYSHA NY may charge you for both the original Product and the exchange Product. You will be charged for the exchange Product on the date you requested the exchange. You will be refunded for the returned Product once it arrives at AYSHA NY. All returned Products must be in unworn and in the original condition.If you receive the exchange Product and wish to return it, you can return it within twenty-one (21) days of your receipt of the exchange Product.
2. STYLING FEE. When we ship you a Style Me Box, we will charge you a non-refundable “Styling Fee” in the amount set forth on the Services. The Styling Fee will be charged to your credit card between the time the order is placed and return of your Style Me Box. Within four (4) days of receiving your Style Me Box, we request that you return any Products you don’t want. If you choose to keep Products from your Style Me Box, the Styling Fee will be credited towards the purchase price of those Products.
3. Payment Terms. You may pay for the Styling Fee, for any Products from your Style Me Box and for any Products you order directly through the Site via credit card. If you have a credit in your Account at the time of processing the Styling Fee or paying for Products, the credit will be applied before your credit card is charged. If you have a gift card at the time of the processing the Styling Fee or paying for Products, you will need to enter your gift card information or otherwise notify your stylist in order to be applied before your credit card is charged. By submitting your payment information to us, you authorize us or the third party payment processing service provider that we engage to charge your credit card, including for Products that are returned late or damaged. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize AYSHA NY or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments will be made by credit card in advance prior to shipping any Products ordered directly through the Site. If your credit card cannot be charged for any reason, AYSHA NY reserves the right to suspend or terminate your purchase, in addition to any other rights and remedies available to AYSHA NY at law or in equity. If your order cannot be fulfilled for any reason, AYSHA NY reserves the right to terminate your purchase and refund any charges previously made for this order to your credit card. All sales and payments will be in US Dollars.
5. TERMINATION. We have the right to terminate the Agreement or revoke any and all of your rights granted under the Agreement with or without prior written notice. Upon termination of this Agreement, you will immediately cease all access to and use of the Site and we will, in addition to any other legal or equitable remedies, revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement will not affect the respective rights and obligations of the parties arising before the date of termination.
6. INTERNATIONAL USE. This Site can be accessed from countries other than the United States, but may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
7. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT OF THE LAW, AYSHA NY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING FROM OR RELATED TO USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT AYSHA NY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. THE CUMULATIVE LIABILITY OF AYSHA NY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR YOUR USE OF THE SITE AND/OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO AYSHA NY BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY WILL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY AYSHA NY’S FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OR OMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.
9. BASIS OF THE BARGAIN. You acknowledge and understand that the warranty disclaimers and limitations of liability set forth in sections 9 and 10 form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers and limitations of liability, and that absent such disclaimers and limitations of liability, the terms and conditions of this Agreement would be substantially different.
10. INDEMNIFICATION. You agree to indemnify and hold harmless AYSHA NY, its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties” ) from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your breach of this Agreement, your use of the Site or in connection with your Account or any other person’s use or access to your Account, with or without your permission. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, intentional or reckless misconduct, fraud, deception, false promise, misrepresentation or omission of any material fact in connection with the Site. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Site.
11. EXTERNAL LINKS. This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
12. EXCLUSIVE VENUE. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and AYSHA NY agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in New York, New York.
13. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with AYSHA NY and limits the manner in which you can seek relief from us.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any Products sold or distributed through the Site, or to any aspect of your relationship with AYSHA NY, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) you or AYSHA NY 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). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH AYSHA NY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST AYSHA NY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST AYSHA NY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AYSHA NY, 109 W 38th St, Suite 301, New York, NY 10018. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will 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 claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. 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.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and AYSHA NY. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Jury Trial. YOU AND AYSHA NY 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 AYSHA NY are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in Section 14.
f. 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 the following address: Aysha Collection Inc., 109 W 38th St, New York, NY 10018, or by email at email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your AYSHA NY username (if any), the email address you used to set up your AYSHA NY 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.
g. Severability. 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 will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with AYSHA NY.
i. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if AYSHA NY makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to AYSHA NY.
a. Severability/Waiver. Subject to Section 15(e), if any these provisions will be deemed invalid, void, or for any reason unenforceable, that condition will not affect the validity and enforceability of any remaining provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived.
b. Our Address. Please direct any questions, comments or suggestions regarding this Site to: Aysha Collection Inc., 109 W 38th St, Suite 301, New York, NY 10018, or email firstname.lastname@example.org.
c. Notice. Where AYSHA NY requires that you provide an email address, you are responsible for providing AYSHA NY with your most current email address. In the event that the last email address you provided to AYSHA NY is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, AYSHA NY’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to AYSHA NY at the following address: Aysha Collection Inc., 109 W 38th St, New York, NY 10018. Such notice will be deemed given when received by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
d. Procedure for Making Claims of Copyright Infringement. It is AYSHA NY’s policy to terminate privileges of any user who repeatedly infringes copyright upon prompt notification to AYSHA NY by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site of the material that you claim is infringing; (iv) your address, telephone number and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Aysha Collection Inc., 109 W 38th St, Suite 301, New York, NY 10018.
e. Electronic Communications. The communications between you and AYSHA NY use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (i) consent to receive communications from AYSHA NY in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AYSHA NY provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
f. Release. You hereby release the Indemnified Parties (as defined above) and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or any AYSHA NY products or services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by an Indemnified Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any services provided hereunder.
g. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AYSHA NY’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
h. Force Majeure. AYSHA NY will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
i. Notice to California Customers. Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
j. Entire Agreement. This Agreement is the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.