Internet Access. When using the Site on your mobile, laptop, desktop or other device (you “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.

• Your Device. Anousha Products is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Site, including, but not limited to screen display operation features of your Device.

• No Guarantee. Access to the Site may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

License Grant. Subject to the terms and conditions of these Terms, Anousha Products hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.

• Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by Anousha Products in its sole discretion.

• Eligibility. In order to access and use the Service or register an account you must be an individual at least 18 years of age or a duly organized, validly existing business, organization, or other legal entity in good standing under any and all applicable laws and able to enter into legally binding contracts. Individuals age 13 and over, but under the age of 18, may utilize the Service only with the involvement, supervision, and approval of a parent or legal guardian, under such parent or legal guardian’s account and otherwise subject to these Terms. Individuals under the age of 13 are not permitted to utilize the Service.

• Investigations. We may, but are not obligated to, monitor or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion immediately terminate your license to use the Service pursuant to Section 19 (Termination) below.

• Violation of these Terms. You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; (iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Service; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and Anousha Products has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

Account. You may register for an account on the Site by completing the registration process. If you register for an account, you agree to complete the registration process by providing us with current, complete, and accurate information as requested by any forms. You will be required to provide a current, valid, accepted method of payment (“Payment Method”).

• Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

• Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by contacting us at the contact details in Section 23 (Contact Us) at the end of these Terms. If you voluntarily terminate your account, you may be able to register for an account again at any time.

Payment. If you choose, at your sole discretion, to purchase goods from us, you agree that, with your authorization, we may charge your credit card, or other chosen Payment Method, and you understand that all payments must be in U.S. dollars. Anousha Products uses authorized third parties for the purpose of processing your transactions, credit card authorization and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Anousha Products the right to store and process your information with such third parties. You agree that Anousha Products will not be responsible for any failures of such third parties to adequately protect your information.

• Product Availability. The products displayed through the Service can be ordered and delivered only within the United States. All prices displayed through the Service are quoted in U.S. dollars and are exclusive of taxes and delivery charges. We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time.

• Personal Use. Unless you are an authorized retailer, all products sold by or received from Anousha Products are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from Anousha Products. 

Anousha Products reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Anousha Products in its sole discretion.

• Product Returns. All sales are final. We do not accept returns, exchanges, or cancellations. In the case of damage or if you receive what you believe is a defective product please contact us at the contact details in Section 23 (Contact Us) below. Please provide pictures, if possible, for our records.

From time to time, we may provide customers at checkout with the option to select a charity to whom Anousha Products will donate a portion of the purchase price. The purchase price is the sale price, excluding shipping, handling, taxes and service charges and less any rebates, returns and bad debt.

• The amount that Anousha Products donates as a result of your purchase is not tax deductible by you. If you have any questions about your tax situation, you should contact your tax advisor.

 Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify Anousha Products immediately if you become aware of any unauthorized use of your password or of your account.

• Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

The Site may contain links to websites operated by other parties (“Third-Party Sites”). Anousha Products provides these links to Third-Party Sites as a convenience and use of the Third-Party Sites is at your own risk. The Third-Party Sites are not under the control of Anousha Products and Anousha Products is not responsible for the content available on the Third-Party Sites. Such links do not imply Anousha Products’ endorsement of information or material on any Third-Party Site and Anousha Products disclaims all liability with regard to your access to and use of such Third-Party Sites. Your use of Third-Party Sites is governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.

Anousha Products has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Anousha Products or of a third party, or otherwise violated any intellectual property laws or regulations.  Anousha Products’ policy is to investigate any allegations of copyright infringement brought to its attention. 

• Take-Down Notice:  If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Anousha Products to delete, edit, or disable the material in question, you must provide Anousha Products with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

• Identification of the copyrighted work (or works) claimed to have been infringed;

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Anousha Products to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly).

• Information reasonably sufficient to permit Anousha Products to contact you, including your address, telephone number, and e-mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;

• A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to Anousha Products’ Designated Agent by email at info@shopanousha.com.  You can also mail your DMCA request to: 

Attn: Anousha Products’ Designated Agent

Anousha Products 

1317 N. San Fernando Blvd #902

Burbank, CA 91504

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and not be acknowledged. Once proper notice is received by the Designated Agent, it is Anousha Products’ policy:

• to remove or disable access to the infringing material;

• to notify the content provider, member, or user that it has removed or disabled access to the material; and

• that repeat offenders will have the infringing material removed from the system and that Anousha Products’ will terminate such content provider’s, member’s or user’s access to the service.

• Counter-Notice: If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• Your name, address, and telephone number; and

• A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, Anousha Products may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Anousha Products’ discretion.

By accepting these Terms or using the Service, you represent that you have read and consented to our Privacy Policy in addition to these Terms. Anousha Products may revise the Privacy Policy at any time, and a link to the new version will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Service. By using the Service, you agree to the then-current versions of these Terms and the Privacy Policy, which will be posted on the Site. 

The Service is operated by Anousha Products in the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete or up to date. 

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (INCLUDING THE SITE AND OUR PRODUCTS), WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES WITH RESPECT TO THE SERVICE (INCLUDING THE SITE AND OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE (INCLUDING THE SITE AND OUR PRODUCTS).

• No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

• Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ANOUSHA PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

• Your sole remedy for dissatisfaction with the Service including, without limitation, content or products offered on the Service, is to stop using the Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Service.

• In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service (including our products) must be brought within one year after such claim or cause of action arises or be forever barred.

• THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ANOUSHA PRODUCTS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ANOUSHA PRODUCTS’ CHOICE OF LAW PROVISION SET FORTH BELOW.

• If you are a California resident, you waive California Civil Code Section 1542, which states, in part “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

We may terminate these Terms, deactivate your Account, and/or your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Service, or (iii) we are prevented from providing the Service for any reason. 

• Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Service, your Account, and/or your access to the Service at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

• On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 9, 11, 16–22 will survive any termination or expiration of these Terms.

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or as otherwise indicated in Section 23 (Contact Us) at the bottom of these Terms. For DMCA notices, please see Section 10 (DMCA Notice). 

• If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on contracts for the International Sale of Goods is expressly excluded. You and Anousha Products agree that, except otherwise provided below, the state and federal courts located in the County and City of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing Anousha Products shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

• User Concerns. Most user concerns can be resolved quickly and to a user’s satisfaction by writing to us at the contact details in Section 23 (Contact Us) below.

• Binding Arbitration. In the event your concern cannot be resolved informally, you and Anousha Products agree that, except as provided in Section 21(f) below, all disputes (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 21 and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 21(f) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Anousha Products will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Anousha Products may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NETURAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

• Location. The arbitration will take place in the County and City of Los Angeles, California, unless the parties agree to video, phone, or internet connection appearances.

• Limitations. You and Anousha Products agree that any arbitration shall be limited to the Claim between Anousha Products and you individually. YOU AND ANOUSHA PRODUCTS AGREE THAT (i) there is no right or authority for any dispute to be arbitrated on a class-action basis or utilize class action procedures; (ii) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (iii) no arbitration shall be joined with any other arbitration.

• Exceptions to Arbitration. You and Anousha Products agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, privacy, invasions of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

• Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

• Severability. You and Anousha Products agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 21(f)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 22(f) is found to be illegal or unenforceable then neither you nor Anousha Products will elect to arbitrate any Claim falling within that portion of Section 22(f) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County and City of Los Angeles, California, United States, and you and Anousha Products agree to submit to the personal jurisdiction of that court.

Assignment. The rights granted to you under these Terms may not be assigned with Anousha Products’ prior written consent, and any attempted unauthorized assignment by you shall be null and void.

• Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

• Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

• No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Anousha Products of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

• Equitable Remedies. You acknowledge and agree that Anousha Products would be irreparably damaged if the terms of these Terms were not specifically enforced and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available us under applicable laws.  

• Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Anousha Products with respect to the Service and supersedes any and all prior agreements between you and Anousha Products relating to the Service.

• Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

• U.S. Resident. Anousha Products is hosted and operated entirely in the United States and is subject to U.S. law. Please do not provide us with any information if you live outside the United States. If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action. This may include terminating your access and deleting your information.

• No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Anousha Products as a result of these Terms or your use of the Service.

If you have any questions or comments relating to the Service or these Terms, please contact us at info@shopanousha.com.