Terms of Use

Welcome to Tulsie, where you can celebrate Hindu festivals, one festival box at a time!  These Terms of Use are between Tulsie Holdings, LLC. ("Company," "we," or "us") and govern access to information through our website accessible at the URL www.shoptulsie.com  (the “Site”) and certain products we may provide to you (the "Products"), and services available on the Site and on Facebook, Instagram, and other social media (the “Services”).  The Site, Products, and Services are made available to you only under the following terms and conditions (the "Terms"). 

PLEASE READ THE TERMS CAREFULLY.  BY USING THE SITE, PRODUCTS, AND SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) AGREE TO BE BOUND BY THEM, AND (iii) YOU ARE LEAST 18 YEARS OLD IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU MAY NOT ACCESS THE SITE OR THE PRODUCTS.

Your Account

In order to use the Site, Products, and/or the Services, you must register for an account with us (“Account”) by providing the information on the registration form on the Site.  You represent and warrant that: (a) you are at least 18 years of age; (b) all registration information you submit is truthful and accurate; and (c) you will maintain the accuracy of such information. If you are registering on behalf of an organization or company you must have the authority to bind that company. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  We will not be liable for any loss or damage arising from your failure to comply with these requirements.

Access to the Site, Products, and Services

Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the Site, Products, and Services and (b) download content that we may from time to time have specifically identified within the Site as available for download (“Downloadable Content”). 

Restrictions on Use

You may use the Site, Products, and Services (including the Downloadable Content.) only for your personal, non-commercial purposes. Unless otherwise expressly permitted in the Terms, without our prior written consent, you may not:

• rent, transfer, assign, commercially exploit, resell, or sublicense access to the Site and/or Products to any third-party;
• combine or integrate the Site, Products, and Services (including the Downloadable Content) with hardware, software or other technology or materials not provided by us;
• modify or create any derivative product based on the Site, Products, and Services (including the Downloadable Content);
• decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Products, and Services (including the Downloadable Content) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code; and
• Except as expressly stated herein, no part of the Site, Products, or Services (including the Downloadable Content) may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

Third-Party Services

You may be able to access websites, content, products, or services provided by third-parties through links that we may make available on the Site (the Third-Party Services”).  If you choose to use the Third-Party Services, you understand and agree that you will be subject to any terms and conditions required by the applicable Third Party Services.  You understand and agree that we are not responsible for any such Third-Party Services and/or obligated to their terms and conditions.

Intellectual Property Rights

We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site, Products, and any Services (including Downloadable Content), and all  patents, trademarks, copyrights, trade secrets and all other intellectual property rights (the “Intellectual Property Rights”) in the Site, the Products and/or Services, other than User Content (described below).  All trademarks, logos, images, products and company names displayed or referred to on this Site, Products, and/or Services are either our intellectual property or the intellectual property of the respective third parties.  Nothing on this Site grants you any license or right to use, alter or remove such material.

You represent and warrant that your Client Content does not violate our Community Guidelines (defined below).  You retain all intellectual property rights, including, without limitation, Intellectual Property Rights in graphic user interface, text, content, images, video, music, designs, products, computer programs, drawings, documentation, feedback, and other materials of any kind posted, submitted, provided or otherwise made available to us by you in connection with the Site, Products, and any Services (“Client Content”), or any third-party content for which you have obtained all necessary rights.  You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Client Content including your and/or your child’s name, voice, photograph, and likeness) in any and all media or distribution methods (now known or later developed) as part of providing any of the Products and/or Services. 

If you provide us any feedback or suggestions regarding the Site, Product, and/or Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate.  We will treat any Feedback you provide to us as non-confidential and non-proprietary. 

License of Client Content

You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Client Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site and Services, Company’s other products and services, and Company’s marketing materials or endorsements.  You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Community Guidelines

We encourage our users to talk about Tulsie’s Products and Services on our Site and on our social media platforms and share their User Content.  However, you agree to abide by the following community guidelines (the “Community Guidelines”)  and not use the Site or Services to collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any Intellectual Property Right, moral right, privacy right, right of publicity, or any other intellectual property or proprietary rights; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, anti-Semitism, homophobia, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or terminate your use of the Site, Products, and/or Services or take any other appropriate action against you in our sole discretion if you violate the Community Guidelines or otherwise create liability for us or any other person.

Release

Each Site or Service user is solely responsible for any and all of its User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.  Your interactions with other Site or Service users are solely between you and such user.  You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

PRODUCT DISCLAIMERS.

WARNING: CHOKING HAZARD –YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS.  IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.

Products; Pricing

All Products listed on the Site and/or Services, their descriptions, and their prices are each subject to change at any time at our sole discretion.  We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth herein).  In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or payment has been processed.  If your payment for such an order has already been processed and we cancel your order, we shall issue a credit in the amount of the charge.

Orders

When you place an order, you are making an offer to purchase, and such offer is subject to our acceptance.  Your receipt of an order confirmation from us does not mean an acceptance of your order, nor does it mean confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline or cancel your order for any reason.  We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (i) we will issue a refund to your preferred payment method or (ii) we will not charge your preferred payment method for the order amount.

Payment Terms

For each Product you order on the Site and/or Services, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the shipping fees you select (“Shipping Fees”), and any applicable Taxes (defined below).   We use a third-party payment processor, Shopify Payments , although we reserve the right to change the payment processor at any time (the “Payment Processor”) to process all payments. 

The Payment Processor link is provided to you as a convenience, and we are not affiliated with or responsible for the content, action, or performance of the Payment Processor.  The Payment Processor accessed from the Site is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. By purchasing our Services, you agree to abide by the terms and conditions of the Payment Processor. 

Although your invoices may display a charge from Tulsie after such charges are successfully processed by the Payment Processor on Tulsie’s behalf, Tulsie will not collect any such payment information or other information in connection with processing payments from you and Tulsie is not responsible for the security or accuracy of such information or the actions or inactions of the Payment Processor or you. You will provide payment card or ACH information directly to the Payment Processor, and the security and use of any such information will be subject to the Payment Processor’s terms and conditions, which are subject to change at the Payment Processor’s discretion.  You are responsible for ensuring that it provides a valid form of payment method to the Payment Processor and for updating its credit or debit card information with the Payment Processor prior to the expiration date of such cards, and for ensuring that it is not using lost, stolen or fraudulent payment methods in connection to remitting payments to Tulsie. You may choose to charged one payment method on a recurring basis to pay its invoices, and may change such payment method by providing such updated information to the Payment Processor; provided however, that you must update such information in accordance with the Payment Processor’s terms to ensure that the payment is received by Tulsie in accordance with the terms of this Agreement. If your payment method is rejected or otherwise not able to be processed by the Payment Processor for any reason, late payment charges may apply. In addition to any late charges, you will indemnify and hold Tulsie harmless for any and all claims arising out of the processing of your payments, or the inability to process your payments, through the Payment Processor. Tulsie is not responsible for the actions, omissions or errors of in connection the processing of your payments.

The paid Product and/or Services provided by us are non-refundable, except for your order of the first Festival Box, which is fully refundable.  Any subsequent purchases of Festival Boxes will not be refundable but will be given store credit, at our sole discretion. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

We have the right to discontinue service immediately if a fraudulent payment is detected, and such cases may be referred to the appropriate authorities.

If you rely on dispute or chargeback mechanisms of the Payment Processor and the result of that mechanism causes us to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize us to charge that amount on your account.

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

Limited Warranties

THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE CONTENT), ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.  THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH OUR SERVICES AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR PRODUCTS, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT.  WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS.  WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.

Limitation of Liability

USE OF OUR SERVICE, THE SITE (INCLUDING ANY DOWNLOADABLE CONTENT), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.  IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.

Exclusions.

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.  CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND TULSIE (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS, APPLICABLE LAW, OR YOUR USER CONTENT.

Term and Termination

These Terms will become effective and binding when you use the Site or Service.  We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice.  You may delete your Account at any time, for any reason, by following the instructions on the Site.  You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases.  Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. 

Digital Millennium Copyright Act

COPYRIGHT ACT OF 1998 (DMCA)

The Company shall, in its sole discretion, terminate the access of Users of the Site who infringe upon the copyrights of the Company or others. The Company has designated an agent to receive notices of claimed copyright infringement relating to the Site under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to the Company containing the following information:

• A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Contact information for the notifying party, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information by, email, or postal to the following Designated Agent:

Email Address:

customercare@shoptulsie.com

Postal Address:

1385 NJ-35, Middletown, NJ 07748

 

DISPUTES/ARBITRATION

THESE TERMS INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT UNLESS YOU VALIDLY ELECT TO OPT OUT OF SUCH PROVISION. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

• For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms (such as with respect to their validity or enforceability), the Services, your (or anybody else’s) access to and/or use of the Services, and/or the provision of content, Products, Services, and/or technology on or through the Site.
• You or Tulsie may choose to pursue a claim in small claims court where jurisdiction and venue over you and Tulsie otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Tulsie 30-day advance notice by email to customercare@Tulsie.com and by U.S. Mail to Tulsie Holdings LLC . 1385 NJ-35, Middletown, NJ 07748.
• A party who intends to seek arbitration must first send a written notice of the dispute to the other party (“Notice”), by certified mail or Federal Express (signature required) or, in the event that we do not have a physical address on file for you, by electronic mail. Tulsie’s address for Notice is: Tulsie Holdings LLC., Attention: Management.
• Except as otherwise specifically set forth below, a Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in New Jersey. You agree to submit to the personal jurisdiction of any state or federal court in New Jersey to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator(s).
• Disputes concerning patents, copyrights, moral rights, trademarks, trade secrets and claims of piracy or unauthorized use of the Site and/or Services, or claims of injunctive relief, shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.
• The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Tulsie. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. Any arbitration hearings will take place at a location to be agreed upon in New Jersey provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms, you and Tulsie may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
• You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section  by sending written notice of your decision to opt-out to customercare@Tulsie.com or to the U.S. mailing address listed at the bottom of these Terms. The notice must be sent to Tulsie within thirty (30) days of your registering to use the Services or agreeing to these terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Tulsie and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Tulsie and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New Jersey.

If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Tulsie, or any employee, officer, director, or investor of Tulsie, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

 Governing Law

These Terms shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.

Modifications to Terms

We may change these Terms from time to time.  These changes will be effective immediately for users of our Site, Products or Services.  If you object to any such changes, your sole recourse will be to cease using the Site, the Products (including the Downloadable Content), and Services.  Continued use of the Site, Products, or Services (including any Downloadable Content) following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. 

We also reserve the right to discontinue the Site, the Products, and/or Services at any time without notice.  We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

Miscellaneous Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Products (including the Downloadable Content) and the Services.  Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and Tulsie with respect to the Site, the Products, and/or Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tulsie. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Contact

You can contact us at anytime at customercare@shoptulsie.com.