AYASHISTUDIO TERMS OF SERVICE

Welcome to the AYASHISTUDIO web site located at www.ayashistudio.com (“the Site”). AYASHISTUDIO provides this Site as a service to our customers. Please read the following terms of service, the shipping policies, returns policies the privacy policy, and any other rules including any guidelines and future modifications posted on this website (collectively the “Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.”

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND AYASHISTUDIO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

By using our Services, you agree to be bound by these Terms. You agree that your access to and use of the Site and our Services is subject to your agreement to the Terms which constitutes a binding agreement between AYASHISTUDIO and or its Affiliates and you, the visitor, governing your access and use of all content, software, functionalities, and services, including the purchase of products on the Site.

By accessing, browsing, using and/or registering for an account on the Site you acknowledge that you have read, understood, and agree to be bound by the Terms, and you explicitly manifest your assent to and agreement with the Terms. You may also agree to be bound by the Terms by clicking a box stating acceptance if prompted.

By accessing the Site you hereby represent and warrant that you are 18 years of age. If you are not 18 years of age, you are not authorized to use the Site without the consent of a parent or guardian. If you are not 18 years of age, or if you do not agree to the Terms then please discontinue using the Site immediately and do not access or use the Site in any manner or use the Services.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ACCOUNTS & ELIGIBILITY

AYASHISTUDIO is an online retailer. You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. If you use the Services on behalf of a business entity or other third party, you warrant that you express actual authority to act on behalf of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. In order to make purchases you may create an “Account.”  You represent that all information you provide is true, accurate, complete and up-to-date for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. AYASHISTUDIO will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. AYASHISTUDIO reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion.

PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

PAYMENTS

Payment for all orders placed through the Site must be made at the time of ordering. All prices on the Site are an invitation to deal and no contract will be formed between you and AYASHISTUDIO until AYASHISTUDIO accepts your invitation to deal by performance, specificially, by shipping the ordered goods. Pricing errors will not constitute a contract between you and AYASHISTUDIO, and AYASHISTUDIO strives to quickly correct any pricing errors on the Site when discovered. All prices on the Site do not include sales tax or shipping costs. When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars or moneytype of your country. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction. You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Site. All costs and fees are quoted and payable in United States Dollars or moneytype of your country, and you acknowledge and agree that AYASHISTUDIO is not responsible for any foreign transaction fees or other fees charged to you by your financial institution. You agree that you will not initiate any chargebacks to AYASHISTUDIO unless otherwise authorized by AYASHISTUDIO in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against AYASHISTUDIO.

CUSTOMER SATISFACTION

At AYASHISTUDIO, we are committed to providing our customers with great quality products. Our products are sold online only in limited quantities and availabilities. We have done our best to display our items as accurately as possible via our Services. Please be aware however that variations in style, color, size, shape and look may occur. If you are not satisfied your purchase, please review our return policy.

REFERRAL PROGRAM

Registered AYASHISTUDIO customers may be eligible for a referral credit when they share their personalized referral link and the referred customer completes his or her first purchase. To qualify for the credit, the referred customer must click on the referrer’s unique link, create a new Account, and place an order via the Site. Referral credit is granted as AYASHISTUDIO ‘store credit’ to the referrer’s account once all items in the referred customer’s first order have shipped. The credit is non-transferable.

We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, including but not limited to:

Attempts to gain credit through self-referral by opening multiple accounts using different email addresses or by adding identical payment methods to multiple accounts

Credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming

Violation of these Terms

We reserve the right to suspend participants in our referral program, or the program itself, at any time for any reason. If we remove the links to your referral codes, you may not receive referral credit for new people completing their first purchases with us anymore.

You’re encouraged to share your referral link with friends and family and through social media outlets. However, you acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Site or marketing materials, including but not limited to the AYASHISTUDIO mark, are common law or registered trademarks owned by or licensed to AYASHISTUDIO. You are expressly prohibited from using the trademarks of AYASHISTUDIO to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of AYASHISTUDIO in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. You may make a nominative fair use of the trademarks of AYASHISTUDIO consistent with trademark law while participating in the affiliate program. You are also prohibited from using the copyrighted content of AYASHISTUDIO, including, but not limited to, AYASHISTUDIO’s logos, copy, and website content.

You agree to comply with all applicable advertising laws, regulations, ordinances, statutes, or treaties, whether local, state, provincial, national, or international, including, but not limited to, the CAN SPAM Act, Part 255 of the FTC false advertising regulations, and state false advertising law. AYASHISTUDIO reserves the right to terminate this Agreement and cancel your participation in the affiliate program for your failure to comply with this paragraph.

CONTENT

Our Content. All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by AYASHISTUDIO (“Content”). We either own or have a license to all such Content. Subject to your compliance with these Terms, AYASHISTUDIO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

User Content. “User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you in connection to the Services or that you share online, through a public application, or with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).

By making any User Content available through the Services you hereby grant to AYASHISTUDIO a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and AYASHISTUDIO’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You understand that AYASHISTUDIO is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.

Except where prohibited by law, by submitting or uploading User Content, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any photographs, footage, statements, or other work contained in the User Content. You are also agreeing to appoint AYASHISTUDIO as your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, and to protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AYASHISTUDIO on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Tagged Media. The Site includes the AYASHISTUDIO, Inc page located at www.ayashistudio.com, which extracts content from our users and customers who share photos and videos on Instagram, Facebook, Snapchat, Twitter or other social media (“Social Media”) account using hashtags, mentions or otherwise posting about the Services. You acknowledge and agree that the Tagged Media may be used in AYASHISTUDIO’s retail locations, showrooms, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

USE OF SERVICES

We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise AYASHISTUDIO reserves the right to suspend or terminate your Account:

• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, AYASHISTUDIO’s name, any AYASHISTUDIO trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AYASHISTUDIO or other generally available third-party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Attempt to interfere in any way with the Services or AYASHISTUDIO’s networks or network security or circumventing the technological protection mechanisms of the Site, or attempt to use the Services to gain unauthorized access to any other computer system;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other third party or individual to do anything listed above.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

FEEDBACK

We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@ayashistudio.com or by reviewing a particular product. All Feedback submitted either via email or via review on the Site is intended for AYASHISTUDIO internal use and review. AYASHISTUDIO may from time to time publish a selection of submitted reviews to the Site. Reviews posted on the Site are not inclusive of all Feedback submitted to AYASHISTUDIO. It is in AYASHISTUDIO’s sole discretion as to which Feedback is posted to the Site. If you submit Feedback to AYASHISTUDIO, you agree that any ideas that you submit to AYASHISTUDIO will automatically become the property of AYASHISTUDIO and that you will not be compensated for the submission, use, or implementation of the idea that you submitted to AYASHISTUDIO. You understand and agree that AYASHISTUDIO may use or redistribute any ideas that you submit to AYASHISTUDIO for any purpose and in any way and that AYASHISTUDIO has no obligation to keep any ideas submitted to AYASHISTUDIO confidential.

 CORRECTION OF SITE ERRORS

The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing, and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences. 

INDEMNITY

You agree to indemnify, defend, and hold harmless AYASHISTUDIO, its officers, shareholders, members, directors, employees, contractors, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of any item through the Website, (iii) your User Content, (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend AYASHISTUDIO will not provide you with the ability to control AYASHISTUDIO’s defense, and AYASHISTUDIO reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

GIFT CARDS

Gift cards, both physical and digital, are only redeemable if purchased through www.ayashistudio.com or an authorized reseller. We take no responsibility for gift cards purchased from unauthorized resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.

THIRD PARTY LINKS

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

MESSAGING TERMS OF SERVICE

The message program is a service of AYASHISTUDIO.  By providing your phone number to AYASHISTUDIO, you agree to receive recurring automated marketing, non-marketing, and informational text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. The service may be provided by our subcontractors, and your authorization extends to our use of subcontractors.  Consent to receive automated marketing text messages is not a condition of any purchase. By using our Site, you agree to be bound by these Messaging Terms and Conditions. 

Service Delivery Frequency.  Message frequency will vary and frequency is based in part to your response to messages sent to you. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent.

Message & Data rates may apply.  Message and data rates may apply to each text message sent or received in connection with our text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges.  We do not impose a separate fee for sending our text messages.

Cancellation/Opt-Out Instructions. Reply STOP to cancel (You may also use the keywords END, CANCEL, UNSUBSCRIBE, or QUIT to cancel). After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Company and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. 

Mobile Phone Number Change.  In the event that you change or deactivate your mobile phone number, you agree to notify us by emailing us at info@ayashistudio.com.  You agree to indemnify us and our subcontractors in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Eligibility.  To receive our text messages, you must be a resident of the United States and 18 years of age or older.  We reserve the right to require you to prove that you are at least 18 years of age.

Availability.  Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Termination of Text Messaging.  We may suspend or terminate your receipt of our text messages if we believe you are in breach of these Messaging Terms and Conditions.  Your receipt of our text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  We reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text messages, with or without notice.

Problems with Messaging?  If you are experiencing any problems, please email us at info@ayashistudio.com.

TERMINATION

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us at info@ayashistudio.com. Upon any termination, discontinuation, or cancellation of Services or your Account, the following sections will survive: User Content, Payments, Feedback, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and General Terms.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT AYASHISTUDIO WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SITE OR TRANSACTIONS THAT OCCUR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT AYASHISTUDIO’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO AYASHISTUDIO OR $1,000, WHICHEVER IS LESS.

AYASHISTUDIO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF ITEMS PURCHASED THROUGH THE SITE. ITEMS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES FROM AYASHISTUDIO, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

AYASHISTUDIO WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE ITEMS PURCHASED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF ITEMS PURCHASED THROUGH THE SITE IS AT YOUR SOLE RISK AND THAT AYASHISTUDIO’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO AYASHISTUDIO OR $1,000, WHICHEVER IS LESS.

DISPUTE RESOLUTION

Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative, or consolidated action. We agree to do the same.

What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration, and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference), or in-person in the county where you live (or at some other location that we both agree to).

How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to info@ayashistudio.com. If we request arbitration against you, we will give you notice at the email address or street address you provided.

INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at info@ayashistudio.com. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.

GOVERNING LAW

By agreeing to these terms, you agree that any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

JURISDICTION

The New York Courts (State and Federal) shall have sole jurisdiction over any controversies regarding the use of the Site and Services, not subject to the arbitration clause above. Any action or other proceeding which involves such a controversy shall be brought in those courts in New York County and not elsewhere. The parties waive any and all objections to venue in those courts and hereby submit to the exclusive jurisdiction of those courts.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between AYASHISTUDIO and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between YASHISTUDIO and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without YASHISTUDIO’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. YASHISTUDIO may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications provided by AYASHISTUDIO under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

WAIVER OF RIGHTS

AYASHISTUDIO’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AYASHISTUDIO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

QUESTIONS?

If you have any questions about these Terms or the Services, please contact us at info@ayashistudio.com.

TERMS UPDATED ON: 8/12/22