Conditions of Use

Welcome to faebloom.com. Faebloom.com website is owned by 1Shop Star LLC, N.Y. and makes available various products and services including third party products and services, to you when you visit or shop for products and services at faebloom.com (collectively, “Services”) . As used in the Terms, “ faebloom.com”, “We”, “Us” refers to 1ShopStar LLC, with its office located at 240 West 40th Street, 2nd Floor, New York, NY, 10018, USA (“1ShopStar”). 

Please read these conditions carefully.

We request you to take a few moments to familiarize yourself with these Terms and Conditions (“Terms“). These Terms apply to your usage and access of the faebloom.com website (“Site”). By using the Site, you and all members of your household and others who use any Service under your account, agree to comply with and be bound by these Terms. If you do not agree with these Terms, we kindly ask you not to use the Site. It is important to note that these Terms include an arbitration provision. For more detailed information, please review the section on Arbitration.

These Terms and Conditions May Change

We retain the right to make updates or changes to these Terms as we see fit. In the event of any modifications or updates, we will notify you in writing to the most recent address you have provided, via email, and by posting on the Site. Similarly, our Privacy Policy may also be modified or updated at any time, using the same methods of notification. Your continued usage of the Site will be deemed as your acceptance of any such modifications or updates.

Eligibility

To use the Site, you must be at least 13 years old. If you are a minor and below the age of majority in your state of residence, you need your parent or legal guardian’s agreement to these Terms and Conditions on your behalf. Furthermore, you can access and use the Site only with explicit permission from your parent or legal guardian.

Your Account

To access certain services or areas of the Site, it may be necessary for you to have your own faebloom.com account, and you may need to be logged in with a valid payment method linked to the account. If there are issues with charging your selected payment method, we may utilize any other valid payment method associated with your account. To manage your payment options, you can visit the “Payments” section. It is essential that you safeguard the confidentiality of your account and password and control access to your account. If you create an account, your username and password are strictly for your personal use, and it is your responsibility to keep your account information, including your password, confidentiality, and limit access to it. You are solely responsible for all activities conducted under your account or password. While 1ShopStar may offer some products for children, we sell them to adults who can make purchases using credit cards or other permitted payment methods. If you are under 18 years of age, you may only use faebloom.com Services with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers within their faebloom.com Household. Alongside other rights, 1ShopStar reserves the right at its sole discretion to refuse service, terminate accounts, revoke your rights to use faebloom.com Services, remove or modify content, or decline, or cancel orders at its sole discretion. Our Privacy Policy details how we safeguard and utilize your information.

License And Access

By adhering to these Conditions of Use and any applicable Service Terms, and upon payment of any applicable fees, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and utilize the Services for personal and non-commercial purposes. However, this license does not permit you to engage in any of the following activities:

1. Reselling or commercially using any Service or its contents.
2. Collecting and using product listings, descriptions, or prices for any purpose.
3. Creating derivative works from any Service or its contents.
4. Downloading, copying, or using account information for the benefit of third parties.
5. Employing data mining, robots, or similar data extraction tools on the Services.
6. Reproducing, duplicating, copying, selling, reselling, visiting, or exploiting any part of any Service for commercial purposes without the express written consent of 1ShopStar.
7. Framing or enclosing any trademark, logo, or proprietary information (including images, text, page layout, or form) of faebloom.com / 1ShopStar without express written consent.
8. Using any meta tags or hidden text that utilize faebloom.com / 1ShopStar’s name or trademarks without the express written consent of 1ShopStar.
9. Misusing the Services in any way.
10. Using the Services in a manner not permitted by law.

All rights not expressly granted in these Conditions of Use or any Service Terms are reserved by 1ShopStar, its licensors, suppliers, publishers, rightsholders, or other content providers. If you fail to comply with these Conditions of Use or any Service Terms, the licenses granted to you by 1ShopStar will be terminated.

Shipping and Processing

Our shipping and processing charges are designed to cover the costs of order processing, handling, packing, and delivering the products you purchase. We recommend that you review the detailed information regarding our shipping and processing fees for more clarity.

Intellectual Property

The Site, including all its contents such as photographs, images, text, icons, artwork, graphics, music, software, and code (referred to as “Materials”), is the property of 1ShopStar or its authorized suppliers or licensors. It is protected by intellectual property and other applicable laws in the United States and internationally. Our intellectual property is registered in the United States and abroad. Except as provided on the Site or in these Terms, you are not permitted to download, copy, print, display, reproduce, publish, distribute, or use any Materials from the Site for any public or commercial purpose without specific prior written permission from 1ShopStar. The 1ShopStar brand, as well as any other trademarks, trade names, logos, designs, titles, and product names appearing on the Site, are owned by us and/or used with proper authorization. The copyright of the Materials on the Site belongs to us or is licensed by us unless otherwise indicated. Using any metatags or “hidden text” utilizing our names or trademarks without our express written consent is not allowed. We recommend that you review the detailed information regarding our Intellectual Property Complaints policy for more clarity.

Use of the Site

We provide you with a personal, limited, non-exclusive, and non-transferable license to access and use the Site, as well as the Materials and other information it contains, for personal purposes. However, this license does not permit any resale or commercial use of the Site, the photographs, or any other Materials available on the Site. Furthermore, you are not allowed to use our product names, listings, descriptions, or prices for non-personal purposes. The license also prohibits any derivative use of the Site, downloading, copying, or using the Site or the Materials for the benefit of any third party, and any use of data mining, robots, or similar tools to gather or extract data. Please ensure that your use of the Site complies with all applicable laws. All rights not expressly granted to you in these Terms are reserved by us and/or our suppliers and licensors. If you fail to comply with these Terms, the licenses granted to you automatically terminate.

You are accountable for how you use the Site and for any actions taken using your account. We strive to maintain a positive, valuable, and secure user experience. In pursuit of this objective, we have guidelines in place that prohibit certain types of behavior that could be detrimental to other users or to our platform. When you use the Site, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• use any means to scrape or crawl any pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Reviews, Comments, Communications, And Other Content

You are welcome to share reviews, comments, photos, videos, and other content, as well as send e-cards and other communications on our platform. However, it is important to ensure that the content you post adheres to certain guidelines. Specifically, the content should not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including publicity rights), or harmful to third parties. It should also not contain software viruses, engage in political campaigning, solicit commercial activities, or involve chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

Please refrain from using false e-mail addresses, impersonating others, or misleading others about the origin of the content you share. While 1ShopStar reserves the right to remove or modify such content, we do not regularly review all the content posted on our platform.

By posting content or submitting materials on our platform, unless otherwise indicated, you grant 1ShopStar a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content worldwide through any media. Additionally, you permit 1ShopStar and sublicensees to use the name you submit in connection with the content if they choose to do so.

By posting content, you represent and warrant that you have the necessary rights to the content you share, that the content is accurate, and that its use does not violate our policy or cause harm to any individual or entity. You agree to indemnify 1ShopStar for any claims arising from the content you provide. While 1ShopStar retains the right to monitor, edit, or remove any activity or content, we are not obligated to do so. We do not take responsibility or assume liability for any content posted by you or any third party.

Intellectual Property Complaints

At 1ShopStar, we value and respect the intellectual property of others. If you suspect that your intellectual property rights are being infringed upon, we kindly request that you follow the procedure mentioned below for redressal of your complaint.

Copyright & Trademark Policy

We take copyright infringement seriously and comply with the U.S. Digital Millennium Copyright Act (DMCA) for handling such claims. 1ShopStar owns several trademarks including faebloom.com and may in the future own several trademarks. Additionally, the graphics, logos, page headers, button icons, scripts, and service names presented in or made accessible through the Site or any 1ShopStar Services are trademarks or trade dress belonging to 1ShopStar in the U.S. and other countries. It is essential to refrain from using 1ShopStar’s trademarks and trade dress in connection with any product or service that does not belong to 1ShopStar. This includes avoiding any usage likely to cause confusion among customers or any form of disparagement or discredit towards 1ShopStar or any third party which owns such trademark. Any other trademarks not owned by 1ShopStar appearing in any 1ShopStar Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 1ShopStar. If you believe that a work on the Site infringes your copyright/trademark, please send a written communication to our Designated Agent with the following information:

• Your contact details: address, telephone number, and email address.
• Description of the copyrighted work/trademark you claim has been infringed.
• Location of the alleged infringing material on the Site, including a hyperlink to the specific location.
• A statement by you, under penalty of perjury, affirming that the use is not authorized by the copyright /trademark owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the copyright / trademark owner.
• A statement confirming the accuracy of the provided information and your authority to act on behalf of the copyright / trademark owner.

Our Designated Agent for copyright / trademark infringement claims can be reached at:

1ShopStar LLC
Legal Department
240 West 40th Street, 2nd Floor,
New York, NY, 10018

Please note that only copyright / trademark infringement notices should be directed to our Designated Agent. Failure to comply with the requirements of this section may render your notice invalid.

If you believe the removed content is not infringing, or you have the right to post and use such content, you may submit a counter-notice to the address mentioned above, including:

• Identification of the removed content and its previous location.
• A statement that you have a good faith belief that the removal was a mistake or misidentification.
• Your name, physical address, telephone number, and email address, along with a statement consenting to the jurisdiction of the courts in New York City, New York, and your acceptance of service of process from the notifier.
• Your physical or electronic signature.

Upon receiving your counter-notification, we will forward it to the party who initially claimed copyright / trademark infringement. Please be aware that your personal information will be revealed to the claimant by submitting the counter-notification. We will not forward the counter-notification to any other party except the original claimant.

The claimant has ten (10) days to notify us, if they have filed a court order to restrain you from engaging in infringing activity related to the removed content. If we receive such notification, we will not restore the material. However, if we do not receive such notification within the specified period, we may reinstate the material.

How To Serve A Subpoena Or Other Legal Process

1ShopStar acknowledges receipt of subpoenas or any other legal process. Such documents may be served by sending them to the following address:

1ShopStar LLC – Legal Department
240 West 40th Street, 2nd Floor,
New York, NY, 10018

Kindly be aware that providing comprehensive and precise information from the beginning will help streamline the processing of your request. This information may include, for instance, the email address and/or credit card number used for retail purchases, physical address, the product serial number, and IP address with complete time stamps.

Open Source

The Site may contain open-source components that are licensed for use and distribution under relevant open-source licenses. Your use of these open-source components is subject to the terms and conditions specified in the applicable open-source license.

Hyperlinks to other Sites

Our Site may include hyperlinks to external services and resources that are beyond the control of 1ShopStar LLC. If you have any concerns regarding these external services or resources, or any hyperlinks to them, please direct your inquiries to the respective outside service or resource.

Other Businesses

Apart from 1ShopStar, there may be other parties operating stores, providing services or software, and selling product lines through the faebloom.com Site. Additionally, we provide links to the sites of affiliated companies and certain other businesses. If you decide to purchase any products or services from these third-party businesses or individuals, you are purchasing directly from them, not from 1ShopStar. It is important to note that we are not responsible for examining or evaluating the offerings of these entities, including the content of their websites. As such, 1ShopStar does not assume any responsibility or liability for the actions, products, and content of these third parties or any others. We advise you to carefully review their privacy statements and other conditions of use for a better understanding of their practices.

Disclaimer

This Site and all content available on it are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law. By using this Site, you acknowledge and agree that your use is at your sole risk, and you assume full responsibility for all costs associated with necessary servicing or repairs of any equipment you use in connection with your use. 1ShopStar LLC and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“Affiliates”) shall not be liable for any damages / losses of any kind related to your use of this Site, to the fullest extent permitted by applicable law.

1ShopStar LLC and its affiliates make no representations or warranties about the accuracy or completeness of the content available on or through the Site, or the content of the Site or online services linked to or integrated with the Site. They will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Site; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the Site; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the Site by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the Site, to the fullest extent permitted by applicable law.

To the fullest extent permitted by applicable law, 1ShopStar LLC and its affiliates will not be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the Site, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability), even if advised of the possibility of such damages.

Certain jurisdictions may not permit the exclusion of certain warranties or the limitation or exclusion of liability for damages. Therefore, some of the above limitations and disclaimers may not apply to you. In such cases where we cannot disclaim a warranty or limit our liability as a matter of applicable law, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Limitation of Liability 

1ShopStar LLC is committed to delivering high-quality products. In the unlikely event that a product is found to be defective, please refer to our  return and refund policy for the appropriate course of action. To the extent permitted by law, liability with respect to the products sold on the  website will be governed by the terms and conditions of the manufacturer of the product. This includes but is not limited to any losses, damages, or expenses arising from personal injury, property damage, lost profits, or any other claims related to the product. 1ShopStar LLC. shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the purchase, use, or inability to use the products sold on the Site. You agree to indemnify, defend, and hold 1Shop Star LLC harmless from any claims, liabilities, damages, expenses, and costs, including attorney’s fees, arising from your purchase or use of products sold on the Site.

Product Recall

In the event of a product recall initiated by manufacturers, we will make reasonable efforts to notify affected customers and provide instructions for the return or disposal of the recalled product. 1ShopStar will not be liable for any damages caused by the recalled product beyond the refund
or replacement of the product.

Risk Of Loss

When you make purchases of physical items from 1ShopStar Site, the transaction is governed by a shipment contract. This implies that the risk of loss and title for the items are transferred to you once we deliver them to the carrier.

Returns, Refunds And Title

Until the returned item reaches our fulfillment center, 1ShopStar LLC does not assume ownership of the item. However, in certain cases, we may choose at our sole discretion to issue a refund without necessitating a return, and in such instances, 1ShopStar LLC does not claim title to the refunded item. For further details regarding our returns and refunds process, please refer to our Returns Center.

Product Descriptions

At 1ShopStar LLC, we strive to provide the most accurate information possible. Nonetheless, we cannot guarantee that product descriptions or other content of any service is entirely accurate, complete, reliable, current, or free from errors. If you find that a product offered by 1ShopStar does not match its description, your only recourse is to return it in unused condition.

Pricing

The term “List Price” refers to the suggested retail price of a product or service, as indicated by the manufacturer, supplier, or seller. To ensure accuracy, we routinely compare List Prices with the most recent prices on faebloom Site and other retail platforms. Additionally, specific products may display a “Was Price,” which is determined based on the recent price history of the item on faebloom.com. Regarding items sold through faebloom.com Site, we are unable to confirm the exact price until you place an order. Despite our utmost efforts, a few items in our catalog may be inaccurately priced. Should the correct price of an item be higher than what we stated, we retain the right to either contact you for further instructions before shipping or cancel your order and inform you of the cancellation. It’s worth noting that different merchants may have varying policies regarding mispriced items. Typically, we do not charge your credit card until your order is in the shipping process or, in the case of digital products, until the digital item is accessible to you.

Special Offers and Exclusives

From time to time, we provide special promotions to our customers, which we may refer to as “Special Offers” or “Special Offer” or “Sale”. These promotions could involve various benefits like a gift with purchase, free shipping, manufacturer offers, or other promotional activities linked to a product purchase. Please note that these offers may have a limited duration. Furthermore, products labeled as “exclusive” or “only at faebloom.com” might pertain specifically to certain colors, sizes, finishes, and/or versions of a product.

Text Message Program Terms

When utilizing faebloom.com Services or sending e-mails, or other communications from your desktop or mobile device to us, you acknowledge that such communication is conducted electronically. By doing so, you consent to receiving electronic communications from us, including e-mails, mobile push notices, or notifications and messages on this Site or through other 1ShopStar Services like our Message Center. You have the option to retain copies of these communications for your personal records. Furthermore, you agree that all agreements, notices, disclosures, and other communications provided to you electronically by us fulfill any legal requirements for written communications.

1ShopStar offers its customers email alerts about order and shipping updates and other marketing messages about events, new products, and other offers by email message (the “Message Service”). By participating in the Message Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Message Service

Enrollment in the Message Service requires you to provide your email address, and to agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Message Service starts, you will need to verify the email address you provided by responding to an email to your email address that affirms your choice to opt-in to this Message Service and your agreement to these Terms. 1ShopStar LLC reserves the right to stop offering the Message Service at any time with or without notice.

By opting into the Message Service, you:

• authorize faebloom.com/1ShopStar LLC to send emails to your email address associated with your opt-in (i.e., the email address listed on the opt-in form or, if none, the email address from which you send the opt-in, or, if none, the email address on file for the account associated with your opt-in).
• acknowledge that you do not have to agree to receive messages as a condition of purchase.
• confirm that you are the subscriber to the relevant email address, or that you are the customary user of that email address on a family plan and that you are authorized to opt in.
• consent to the use of an electronic record to document your opt-in. To request an email copy of the opt-in or to update our records with your contact information, please email [email protected]. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Messages You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. You may receive an alert when:

• you are welcomed into the Service.
• an order has been placed.
• an order has been delivered.
• an item or items have shipped.
• there are general marketing or promotions.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving email messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Message Service. 1ShopStar LLC is not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Message Service

To stop receiving email messages from 1ShopStar LLC, you will need to click on the unsubscribe to the Message Service option in the email messages received by you. Such option to stop the Message Service will be handled by third party applications integrated to the Site. You agree that 1ShopStar LLC will have no liability for failing to honor such requests, if the un subscription request is not submitted through the un subscription option in your email messages or is not processed by the third party application. If you unsubscribe from one of our message programs, you may continue to receive messages from 1ShopStar LLC through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Message Service.

Questions

You can email us your order details to [email protected]  for any help/assistance with respect to your orders.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify faebloom.com/1ShopStar LLC by updating the same in your account.

Inaccuracy Disclaimer

Occasionally, our Site or catalog may include information that contains typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, and availability. 1ShopStar LLC retains the right to rectify any such errors, inaccuracies, or omissions and to modify or update information without prior notice, even after you have placed an order. If you decide not to proceed with your purchase after any pricing or information has been corrected, please get in touch with us immediately, and we will assist you in canceling or returning your order.

Browsing Session Information

We utilize technology to maintain a record of your browsing session. This information is utilized for purposes such as quality control, customer service, fraud prevention and security, and marketing initiatives.

Indemnification

You agree to indemnify and hold harmless faebloom.com/1ShopStar LLC and its affiliates to the fullest extent allowed by applicable law, from any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) arising from or relating to any actual or alleged breach of these Terms by you or anyone using your account. If we take on the defense of such a matter, you will reasonably cooperate with us in that defense.

Dispute Resolution

In case of any dispute, we strive to resolve such dispute amicably and without the need for formal legal action. If you have a dispute with us, you should first attempt to settle it in good faith by providing written notice to us that outlines the details of the dispute (including any relevant documentation) and giving us forty-five (45) days to respond before initiating any formal dispute resolution process. Please send your notices to 1ShopStar LLC at 240 West 40th Street, 2nd Floor, New York, NY, 10018, USA, Attention: Legal Department. We will send any dispute-related notice to the contact information we have for you. If the dispute is not resolved satisfactorily within forty-five (45) days after receipt, any further dispute resolution will follow the provisions outlined below. Engaging in this informal dispute resolution process is a prerequisite before pursuing any formal dispute resolution, such as arbitration or a small claims court proceeding.

Arbitration Agreement & Waiver of Certain Rights

You and 1ShopStar LLC agree that, with the exceptions described below, any disputes, claims, counterclaims, or controversies between you and 1ShopStar LLC or you and a third-party agent/affiliate/partner of 1ShopStar LLC (referred to as a “Claim”) will be resolved through final and binding arbitration, rather than through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement covers both existing and future Claims that you have not individually filed in a court of law before agreeing to these Terms. The AAA Rules are available at www.adr.org. You and we mutually waive any right to a jury trial for any Claim. The arbitration will be conducted by a single arbitrator, and the arbitrator’s decision will be final and binding on both parties and enforceable in any court of competent jurisdiction.

The parties agree to maintain the confidentiality of the arbitration proceedings, and the existence of the arbitration and any related elements (including pleadings, briefs, documents, testimony, and awards) will not be disclosed beyond the arbitration proceedings, except when lawfully required in judicial proceedings related to the arbitration, as required by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. This agreement is governed by the Federal Arbitration Act and federal arbitration law. However, except for the arbitrator, no federal, state, or local court or agency, has any exclusive authority to resolve any disputes relating to the interpretation, validity, applicability, enforceability, or formation of these Terms, including any claims that all or part of these Terms are void or voidable.

To initiate an arbitration proceeding, you are required to submit a signed individual letter to us, requesting arbitration and outlining the details of your claim. Please send this letter to 1ShopStar LLC. at 240 West 40th Street, 2nd Floor, New York, NY, 10018, USA, Attention: Legal Department. Kindly ensure that you send the letter at least fifteen (15) days before you commence any arbitration proceeding against us.

At any point in the arbitration process, any party involved may serve a written offer of compromise upon another party, provided that it is done more than fifteen (15) days before the arbitration. Offers of compromise under these Terms will be handled and interpreted in accordance with the New York Civil Practice Law and Rules (CPLR), specifically “CPLR 3220 Offer of Settlement” or “CPLR 3221 Offer to Compromise.”

This arbitration agreement does not prevent either you or 1ShopStar LLC from seeking action through federal, state, or local government agencies. Both parties also have the option to bring qualifying claims in small claims court or transfer such claims to small claims court. Furthermore, you and 1ShopStar LLC maintain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Such requests shall not be considered incompatible with these Terms and Conditions, nor shall they be deemed a waiver of the right to have disputes resolved through arbitration as outlined in these Terms and Conditions.

You and 1ShopStar LLC are not allowed to act as class representatives or private attorneys general, nor can you participate as members of a class of claimants in relation to any Claim. Arbitration cannot be pursued on a class, consolidated, or representative basis. The arbitrator’s authority is limited to resolving individual Claims brought by you or 1ShopStar LLC. The arbitrator is not permitted to consolidate or join claims of other individuals or parties who may have similar circumstances without prior written consent from all involved parties.

If any provision of this Section is deemed invalid or unenforceable, that specific provision will be considered void and will be removed from the agreement, but the rest of this Section will remain in effect. In the event that a claim proceeds in court instead of arbitration, both you and 1ShopStar LLC waive the right to a jury trial. Any waiver of a provision in this Section will only be valid if it is recorded in a written document signed by the party waiving the right, and such waiver will not affect any other part of these Terms and Conditions.

During arbitration, the arbitrator may grant the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the matter were litigated in court on an individual basis. However, the arbitrator is not authorized to issue a “public injunction,” which can only be awarded by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must first be addressed in arbitration, and the request for “public injunctive relief” in federal or state court must be stayed until the arbitration process is completed. After the arbitration, the federal or state court can decide on the party’s claim or prayer for “public injunctive relief,” and the court’s decision will be legally binding based on principles of claim or issue preclusion by the arbitrator’s decision.

This Section of the Terms and Conditions will remain in effect even after the termination of your relationship with 1ShopStar LLC.

You acknowledge that this Section imposes restrictions on certain rights, including the right to pursue legal action in a court, the right to a jury trial, the right to participate in class or representative claims, the right to engage in discovery (except as outlined in AAA Rules), and the right to certain remedies and forms of relief. Furthermore, some rights that you or 1ShopStar LLC may have in court may not be applicable in arbitration.

Other Provisions

• Any legal action related to the use of the Site, catalogs, or any transaction with 1ShopStar LLC must be initiated in the state or federal courts situated in New York City, New York, USA only, unless otherwise specified here. By using the Site, you consent and submit to the personal jurisdiction of these courts for such purposes. These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of New York, without applying any conflict of laws principles or provisions.
• We will not be held liable for any delay or failure in performance that results from acts of nature or other causes beyond our reasonable control.
• If any provision of these Terms is deemed unlawful or unenforceable, that particular provision will be considered separate and independent from the rest of the Terms, and it will not affect the enforceability of the other provisions.
• Our failure to enforce any right or provision in these Terms does not waive our right to enforce it in the future.
• We reserve the right to assign our rights and obligations under these Terms, including in cases of mergers, acquisitions, asset or equity sales, or other legal operations.

Accessibility

We are committed to ensuring that our Site content is accessible and user-friendly. If you encounter any difficulties while viewing the content or navigating the site, please feel free to contact our Customer Service Team at [email protected], and we will gladly assist you.

Security

We take the security and confidentiality of your information very seriously. To protect your data, we have implemented physical, electronic, and procedural safeguards. When you transmit information to us electronically, such as your credit card number, name, and address, our web sites use Secure Sockets Layer (SSL) encryption to ensure that only we can decode your information.

While we employ industry-standard measures to safeguard your contact information, it’s important to note that no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, despite our best efforts, we cannot provide an absolute guarantee of the security of any information you transmit to or from our web sites. You share your information with us at your own risk, within the limits permitted by law.

For added security, we strongly advise you to keep your password confidential and not share it with anyone. Additionally, remember to log off your account and close your browser window after completing your visit. This practice helps ensure that unauthorized individuals cannot access your account, especially if you are using a shared computer or a computer in a public location.

Protecting Children

Our policy is to refrain from knowingly collecting personal information from children under the age of 13. If you are a parent or guardian and discover that your child has shared personal information with us without your consent, kindly reach out to us at [email protected], and we will promptly take necessary actions to remove that information from our servers.

Links to Third Parties

Our websites may include links to third-party websites that we do not control. These linked websites may have privacy policies different from our own. It is essential to be aware that accessing such linked websites is at your own risk. Prior to disclosing any of your information on these linked websites, we strongly advise you to review their respective privacy policies.

Sanctions And Export Policy

If you are subject to U.S. sanctions or sanctions consistent with U.S. law imposed by the governments of the country where you are using 1ShopStar Services, you are prohibited from using any 1ShopStar Service. Additionally, you must adhere to all U.S. or other export and re-export restrictions that may apply to goods, software (including 1ShopStar Software), technology, and services.

Policy Changes

In the event of any changes, whether partial or complete, to our privacy policy, we will notify you by posting a notice on our websites, or writing to you via email as appropriate. These modifications will become effective on the date specified in the notice and at the end of the updated Privacy Policy. The revised policy will apply to all current and past users of our websites, replacing any previous policies that may conflict. By continuing to use our websites or other services, you signify your acceptance of the practices outlined in the revised Privacy Policy.

Contact Us

You may reach us at [email protected]