Terms of service

OVERVIEW

This website is owned and operated by Cult of Mishrit. Throughout the following terms and conditions, the terms "we," "us," and "our" refer to the Cult of Mishrit. The use of this website and all information, tools, and services is granted by Cult of Mishrit, subject to your compliance with the terms and restrictions set out in this user agreement.

By visiting our site and/or engaging in transactions with us, you are involved in our "Service" and agree to abide by the following terms and conditions ("Terms of Service," "Terms"). This also includes any additional terms, conditions, and policies referred to herein or available via hyperlink. These Terms of Service are applicable to all users of the site, which includes but is not limited to, browsers, vendors, customers, merchants, and contributors of content.

We kindly request you to carefully read these Terms of Service before accessing or using our website. You agree to be governed by these Terms of Service when you access or use any element of the website. If you do not accept all the terms and conditions in this agreement, please refrain from accessing the website or using any of our services. In the event that these Terms of Service are regarded as an offer, acceptance is explicitly confined to these Terms of Service.

These Terms of Service shall also apply to any new features or tools that are added to the current website. The most current version of the Terms of Service can be reviewed at any time on this page. We retain the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically review this page for any changes. Your continued use of the website after the posting of any modifications constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and have provided us with your consent to allow any of your minor dependents to use this site.

You are prohibited from using our products for any unlawful or unauthorized purpose. You are not permitted to break any local laws while using our service, including but not limited to copyright regulations.

You must not transmit any worms or viruses or any code of a destructive nature.

Any breach or violation of these Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason and at any time.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree that you will not, without our prior written consent, replicate, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is given.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We realize that the data provided on this website might not always be correct, complete, or up-to-date. Without consulting primary, more accurate, full, or timely sources of information, you should not rely only on the information provided on this site when you make decisions. It is only intended to serve as general information. You assume any risk associated with relying on the material on this site.

This site may also contain historical information, which by nature is not current and is intended for reference purposes only. Although we reserve the right to do so at any time, we are under no obligation to update the content of this website. It is your responsibility to keep track of changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Without previous warning, our product prices are subject to change. At any moment, without prior warning, we retain the right to modify or end the Service (or any part or material thereof). 2

If the Service is modified, its pricing is changed, it is suspended, or it is terminated, we won't be held responsible to you or any third parties.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

On our website, some goods or services could only be accessible online. These goods or services might be in short supply and can only be exchanged or returned in accordance with our return policy.

We have made every effort to present the colors and images of our products available in the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be completely accurate.

We reserve the right, but are under no obligation, to limit the distribution of our goods or services to any particular person, community, or legal area. We may exercise this right on a case-by-case basis. Moreover, we reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We make no promises as to whether or whether the information, goods, or services you order or acquire will fulfill your needs and requirements or that any defects in the Service will be fixed.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We retain the right to decline any order you place with us. We reserve the right to restrict or revoke the number of purchases made per person, per household, or per order. These limitations may apply to orders made using the same credit card, the same customer account, or orders with the same billing and/or delivery addresses. If we make changes to or cancel an order, we will make an attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You are responsible for promptly updating your account and other information, including your email address, credit card numbers, and expiration dates, to ensure that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We might provide access to third-party tools over which we have no influence and do not keep track of them. You understand and accept that we provide these tools accessible "as is" and "as available" without any guarantees, assurances, or terms of any sort. We also do not promote these tools in any way. Your use of optional third-party tools is not subject to any liability from us.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we might add more features and services to the website, such as new tools and resources. Such new features and services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Some content, products, and services available via our Service may include materials from third parties. You might be taken to websites that are not linked with us by third-party links on this page. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant or have any liability or responsibility for any third-party materials, products, or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction and ensure you understand them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), at our request (such as contest entries), you agree that we may use those materials however we choose, including without limitation, editing, copying, publishing, distributing, translating, and other uses in any medium.

We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may monitor, edit, or remove information that, in our sole opinion, is offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that infringes any party's intellectual property or these Terms of Service, but we are not required to do so.

You certify that none of the rights of any third party—including copyright, trademark, privacy, personality, and other proprietary or personal rights—will be infringed upon by your comments. Your comments won't include any defamatory, illegal, offensive, or otherwise objectionable content, as well as any malware or viruses that could harm the Service or any websites connected to it. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to the dedicated section on our website.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

On occasion, there can be errors or omissions in the data that is displayed on our website or in the Service. These could relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. Cult of Mishrit reserves the right to rectify these errors, inaccuracies, or omissions. If any information in the Service or on an associated website is determined to be incorrect, we have the right to change or amend that information or cancel orders without prior notice, even after you have completed an order.

We do not have an obligation to update, amend, or clarify information in the Service or on any related website except as required by law. The absence of a specified update or refresh date should not be construed to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to adhering to all other prohibitions stated in the Terms of Service, you are prohibited from using the Cult of Mishrit website or its content:

• For any unlawful purpose.
• To solicit others to perform or participate in any unlawful acts.
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To engage in any activity that may harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To provide false or misleading information.
• To upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet.
• To collect or track the personal information of others.
• To engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.

Cult of Mishrit reserves the right to terminate your use of the Service or any related website if you are found to be in violation of any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no promises or warranties on the continuity, timeliness, security, or error-free operation of our service. We do not promise that using the service will produce accurate or trustworthy results.

You agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are, except as expressly stated by us, provided 'as is' and 'as available' for your use. We disclaim all implicit warranties and conditions of merchantability, merchantable quality, fitness for a specific purpose, durability, title, and non-infringement. We also disclaim all representations, guarantees, or conditions of any kind, whether express or implied.

In no event shall Cult of Mishrit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, lost data, replacement costs or any other similar damages. These damages could be based on contract, tort (including negligence), strict liability, or otherwise, and could arise from your use of the service or any products procured using the service or for any other claim related to your use of the service or any product. This includes errors or omissions in any content or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or made available via the service, even if advised of their possibility. Please note that in some states or jurisdictions, the exclusion or limitation of liability for consequential or incidental damages is not allowed. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You consent to indemnify, defend, and hold harmless Cult of Mishrit, as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and workers. This includes defending against any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference. This also encompasses any violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any part of these terms and conditions is found to be invalid, illegal, or unenforceable, it will still be enforceable to the fullest degree allowed by the law. The unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The termination of this agreement shall not affect the parties' obligations and liabilities accrued before the termination date. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

This agreement may be terminated at any time without prior notice if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions, or we have reasonable grounds to think that you have done so. We may refuse you access to all or any portion of our Services as a result of your continued failure to pay all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

Any right or provision of these Terms and Conditions that Cult of Mishrit fails to implement or enforce shall not be deemed to have been waived.

The complete agreement and understanding between you and Cult of Mishrit is set forth in these Terms and Conditions, along with any policies or operating guidelines issued by Cult of Mishrit on this website or with regard to the Service. The Service is governed by these terms, which supersede any earlier or contemporaneous oral or written agreements, discussions, or proposals between you and Cult of Mishrit (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Cult of Mishrit (hereinafter, "We," "Us," and "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). You accept and agree to these terms and conditions by signing up for or taking part in any of our programs. This includes, without limitation, your agreement to have any disagreements with us resolved through individual, binding arbitration, as described in the "Dispute Resolution" section below. This agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt out of the Program. Your decision to opt-out may be confirmed by a follow-up mobile message. You realize and acknowledge that the only viable alternatives are those listed above. Additionally, you comprehend and concur that any other manner of opting out, such as but not limited to texting different phrases than those mentioned above or orally asking one of our staff members to take you off our list, is not a legitimate form of opting out.

Duty to Notify and Indemnify: If, at any time, you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above before ending your use of the mobile telephone number. Your understanding and acceptance that it forms a significant component of these terms and conditions. You also acknowledge that if you stop using your mobile phone number without informing Us of the change, you will be liable for any costs (including legal fees) and liabilities incurred by Us or any other party involved in the delivery of mobile messages as a result of lawsuits filed by people who are subsequently assigned that mobile phone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 USC § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Users who choose to participate in the Program can anticipate hearing from marketers who sell fashion products if they choose to do so.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, you can email us at (share your email address). Please note that the use of this email address is not an acceptable method of opting out of the Program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The associated mobile carrier is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must use a participating wireless carrier, own a two-way compatible wireless device, be a wireless service subscriber with text messaging service, and be utilizing a participating wireless device. Not every cellular phone operator offers the required service to take part. To find out how to send a specific text message, check your phone's capabilities.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program arising out of or relating to federal or state statutory claims, common law claims, this agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in (Cult of Mishrit Enter your city and country name) before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), then in effect. Except as otherwise specified herein, the arbitrator shall apply, without regard to its principles of conflict of laws, the substantive laws of the Federal Judicial Circuit in which Cult of Mishrit's major place of business is situated. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Without the prior written approval of both parties and other than as may be required by law, neither a party nor the arbitrator may disclose the existence, subject matter, or conclusion of any arbitration unless necessary to defend or enforce a legal claim. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If, for any reason, a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You promise and guarantee Us that you have the legal capacity to accept these Terms and carry out your obligations under them and that nothing in this agreement or your performance of your obligations under it will put you in violation of any other contract or obligation. Any additional rights under this agreement will not be considered waived if either party fails to exercise any of the rights provided for herein in any manner. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this agreement unless explicitly stated otherwise in writing. We reserve the right to change this agreement from time to time. Any updates to this agreement shall be communicated to you. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this agreement as modified.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws of 16300 ROSCOE BLVD. SUITE 150 VAN NUYS California US 91406.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can always review the most current version of the Terms of Service at any time on this page.

We retain the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

For any questions about the Terms of Service, please don't hesitate to contact us at info@cultofmishrit.com