Terms and Conditions

Marusya Outdoors

Terms and Conditions
Last updated: 12.01, 2023

1.Acceptance of the Terms of this Agreement
Please read these Terms and Conditions (“Terms”) carefully before using http://marusyashiklina.com (“Website”) and any other platforms operated by Shiklina&Shiklina, LLC and its subsidiaries and affiliated companies (collectively, “Shiklina&Shiklina,” “us,” “we,” or “our”).
Shiklina&Shiklina is a community of smart, proactive, creative people who want to succeed in creating content for social networks with the help of a master class on creating short videos. Shorts video Masterclass this is a 1-hour program that gives Customers (as defined below) all the tools to create your first content.(“Program”).

If you access our Website or access any information, function, or service available or enabled by Shiklina&Shiklina (each, a “Service” and collectively, the “Services”), you, your heirs, assigns, and successors (collectively, “User,” “Customer,” “you,” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement (as defined below);
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Shiklina&Shiklina; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

These Terms are an agreement between you and Shiklina&Shiklina and set forth the legally binding terms for your use of the Services. These Terms hereby incorporate by reference our Privacy Policy, available at http://marusyashiklina.com (these Terms and Privacy Policy shall collectively be referred to as the “Agreement”).

SECTION 15 (GOVERNING LAW; DISPUTE RESOLUTION) OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING THE RESOLUTION OF THE CLAIMS BETWEEN SHIKLINA&SHIKLINA AND CUSTOMER. SECTION 15 SETS FORTH OUR AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE ALL DISPUTES BETWEEN SHIKLINA&SHIKLINA AND CUSTOMER TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING YOUR ARBITRATION AGREEMENT WITH SHIKLINA&SHIKLINA AND THE POSSIBLE EFFECTS OF THE ARBITRATION AGREEMENT.

2.Modifications
By using our Services, you are indicating your acknowledgment and acceptance of the terms of this Agreement and any and all amendments thereof. Subject to Section 15(h) of this Agreement, Shiklina&Shiklina reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, please do not access or use the Services.

3.Additional Shiklina&Shiklina Terms and Policies
By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Shiklina&Shiklina Privacy Policy. You further agree to abide by any additional Shiklina&Shiklina policies for Users that are published on our Website from time to time. Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference.

4.Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below or in the body of these Terms (“Defined Terms”). The Defined Terms shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Agreement:
Affiliate means, with respect to any person, any other person that directly or indirectly controls, is controlled by or is under common control with such person, where “control” means the possession, directly or indirectly, of the power to vote a majority of the voting rights of the shares or other equity interest of such person or otherwise to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities or by contract or otherwise.
Shiklina&Shiklina (referred to as either the "Shiklina&Shiklina", "we", "us" or "our" in this Agreement) refers to Shiklina&Shiklina, LLC with business address ______, and to its subsidiaries and affiliated companies.
User Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.
Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Services as further described in Section 6(b).
Third-Party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available on our Services, such as Third-Party Website, Third-Party Application or Third-Party Advertisement.
User(s) refers to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives.

5.Using Our Services
You agree to use our Services only for the lawful purposes. You agree not to take any action that might compromise the security of our Services, render the Services inaccessible to others or otherwise cause damage to the Services. You agree not to use the Services in any manner that might interfere with the rights of third parties. To access our Services or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide to us is true, correct, and complete. If we believe the information you provide is not true, correct, or complete, we have the right to refuse your access to our Services or any of its resources, and to terminate or suspend your access at any time, without notice.
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Shiklina&Shiklina employees, or our community.
You will only access the Services using means explicitly authorized by Shiklina&Shiklina.
You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including, without limitation, privacy or publicity rights.
You will not use the Services to cause nuisance, annoyance or inconvenience.
You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
You will not copy or distribute any content displayed through the Services for republication in any format or media.
You will not use the Services, or any content accessible through the Services, for any commercial purpose, including, without limitation, contacting, advertising, soliciting or selling, unless Shiklina&Shiklina has given you prior consent to do so in writing.
You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
You will use the Services only for your own use and will not directly or indirectly resell, license or transfer the Services or content displayed by the Services to a third party.
You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
You will not use the Services in any way that could damage, disable, overburden, or impair any Shiklina&Shiklina server, or the networks connected to any Shiklina&Shiklina server.
You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Shiklina&Shiklina server.
You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Shiklina&Shiklina may use to prevent or restrict access to the Services or use of the Services or the content therein.
You will not deep-link to our Services or access our Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our Services.
You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
You will not try to harm other Users, Shiklina&Shiklina, or the Services in any way whatsoever.
You will not engage in threatening, harassing, racist, sexist or any other behavior that Shiklina&Shiklina deems inappropriate when using the Services.
You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.
You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
You will not attempt to undertake any of the foregoing.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

Any unauthorized use by you, or otherwise on your computer or personal device of our Services or any portion thereof may immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy Shiklina&Shiklina may have under applicable law or in equity.

6.User Content
a. User Content. Shiklina&Shiklina Services may provide you with interactive opportunities, including, for instance, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Services (i) does not violate any third-party right, including, without limitation, any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain any material that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is unlawful, including any material that advocates illegal activity, incites violence, or discusses an intent to commit an illegal act; (iv) does not violate any law or regulation; (v) does not advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services); and (vi) does not violate this Agreement.
You hereby grant Shiklina&Shiklina a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Shiklina&Shiklina business and in all forms and media now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Shiklina&Shiklina a license to use your username, first name and last initial, and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license extends to the right of other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. Shiklina&Shiklina reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under this Agreement, equity, or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish from time to time or that we consider to be objectionable for any reason. You agree that Shiklina&Shiklina may monitor and/or delete your User Content (but does not assume the obligation) for any reason in Shiklina&Shiklina sole discretion.Shiklina&Shiklina may also access, read, preserve, and disclose any information as Shiklina&Shiklina reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental order or request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of Shiklina&Shiklina, its Users and the public.
b. Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Shiklina&Shiklina through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Shiklina&Shiklina has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Shiklina&Shiklina a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

7.Communications with Shiklina&Shiklina
By sharing your contact information with Shiklina&Shiklina, you agree to accept and receive communications from Shiklina&Shiklina or third parties providing services to Shiklina&Shiklina, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Shiklina&Shiklina. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Shiklina&Shiklina, its affiliated companies and/or third parties providing services to Shiklina&Shiklina. To opt out of receiving promotional text messages from Shiklina&Shiklina, you must reply “STOP” from the mobile device receiving the messages.

8.Terms of Payment

Prices & Charges. You understand and acknowledge that: (a) the prices for products or other items displayed through the Services may differ from the prices offered or published by other providers of the same products or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the products or other items are sold; (b) Shiklina&Shiklina has no obligation to itemize or give a breakdown of its costs, profits or margins when publishing such prices; and (c) Shiklina&Shiklina may change such prices at any time, at its sole discretion. You are liable for all taxes levied on your order on the Services (other than taxes based on Shiklina&Shiklina income). In the event that the charge to your payment method may incorrectly differ from the total amount displayed to you at checkout, Shiklina&Shiklina reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout. All transaction payments will be processed by Shiklina&Shiklina third party payments processor, using the preferred payment method designated by you.
Refunds and Credits. Charges paid by you for completed and delivered services are final and non-refundable and Shiklina&Shiklina has no obligation to provide refunds or credits. Shiklina&Shiklina may grant refunds or credits, in each case in Shiklina&Shiklina sole discretion. Customer is entitled to a full refund if the refund request is received by Shiklina&Shiklina 3 days before the start of the program.

Promotional Offers and Credits.Shiklina&Shiklina, at its sole and absolute discretion, may make promotional offers through the Services with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended Users, for the intended purpose, within the intended time period, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Shiklina&Shiklina; (iii) are subject to the specific terms and conditions that Shiklina&Shiklina establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in Shiklina&Shiklina terms and conditions for Promotional Offers and Credits. Shiklina&Shiklina reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Shiklina&Shiklina determines or believes that the redemption of the promotion or receipt of the credit or benefit was obtained in error, fraudulently, illegally, or in violation of the applicable promotion terms and conditions or this Agreement. You agree that we may change Shiklina&Shiklina terms and conditions for Promotional Offers and Credits at any time.

9.Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that the content posted on the Services infringes a copyright or other intellectual property of any person. The Digital Millennium Copyright Act of 1998 ("DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit your notice in writing to the attention of our copyright agent ("Copyright Agent”) via email at marusya@marusyashiklina.com
and include in your notice a detailed description of the alleged infringement following the DMCA requirements. DMCA requires the email address of the Copyright Agent in order to receive infringement notices.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
-A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
-Identification of the URL or other specific location on the Services where the material that you claim is infringing is located.
-Your address, telephone number, and email address.
-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorized to act on copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Shiklina&Shiklina actual knowledge of facts or circumstances from which infringing material or acts are evident. You can contact our Copyright Agent via email at marusya@marusyashiklina.com. Upon receipt of a notice, the Shiklina&Shiklina will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from our Services. All notices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/title17/92appb.html for details.

10.Intellectual Property
Our Services and their content, features and functionality are and will remain the exclusive property of Shiklina&Shiklina. Shiklina&Shiklina alone (and its licensors, where applicable) owns all content displayed or made available on or through, or otherwise included in, the Services and all right, title and interest, including all related intellectual property rights in, the Services, including, without limitation, all text, video clips, audio clips, copyrights, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, and code, regardless of whether registered or unregistered, and any combinations and compilations thereof (“Shiklina&Shiklina IP”). Shiklina&Shiklina IP, including the selection, coordination, arrangement and enhancement of Shiklina&Shiklina IP and the design, layout and “look and feel” of our Services, constitute valuable intellectual property of Shiklina&Shiklina, and are protected by applicable intellectual property laws and rights, including, without limitation, copyright, patent, or trademark. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Shiklina&Shiklina IP, or any intellectual property rights owned byShiklina&Shiklina. Shiklina&Shiklina names, Shiklina&Shiklina logos, and the product names associated with the Services are trademarks of Shiklina&Shiklina or third parties, and no right or license is hereby granted to you to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
11.Hyperlinks
a. Third-Party Media Services. Our Services may be hyper-linked to other Third-Party Media Services which are not maintained by or related to Shiklina&Shiklina. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by Shiklina&Shiklina of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with the Services or Shiklina&Shiklina or both. Shiklina&Shiklina has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at your own risk, and Shiklina&Shiklina makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to the Services. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave Shiklina&Shiklina Services and will become subject to the terms of the linked Third-Party Media Services. Shiklina&Shiklina has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that Shiklina&Shiklina shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused to you by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Media Services. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Media Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

12.Disclaimer
YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES MAY BE PERIODICALLY MADE TO THE SERVICES AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. SHIKLINA&SHIKLINA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. WE DO NOT WARRANT THAT OUR SOFTWARE OR SERVICES OR ANY OF FUNCTIONS THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SHIKLINA&SHIKLINA SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. SHIKLINA&SHIKLINA MAKES NO REPRESENTATION OF ANY KIND THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, AND THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTION, OR MEET ANY PERFORMANCE OR RELIABILITY EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND IN THAT EVENT, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.

13.Limitation of Liability
Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIKLINA&SHIKLINA AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TEN US DOLLARS ($10).
Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIKLINA&SHIKLINA SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, SHIKLINA&SHIKLINA LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14.Indemnity
You agree to indemnify and hold harmless Shiklina&Shiklina and its owners, officers, directors, employees, agents, affiliates, and licensors (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses (“Claim(s)”), that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any Claim alleging any matter potentially covered by this section, you agree to defend and to pay for the defense of the Indemnified Party, including, without limitation, reasonable costs and attorneys’ fees incurred by the Indemnified Party. We will use reasonable commercial efforts to notify you of any such Claim and will provide you (at your sole expense) with reasonable assistance in defending the Claim. Any failure to provide you with a prompt notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. Shiklina&Shiklina reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to provide indemnification, and you agree to cooperate with Shiklina&Shiklina in defending against those Claims. You may not settle any claims, actions, and/or proceedings for which you are required to provide indemnification, without Shiklina&Shiklina prior written consent to that effect. You agree that the provisions in this section will survive any termination of your account (if any), this Agreement, or your access to the Services.

15.Governing Law; Dispute Resolution
CUSTOMERS SHALL READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES CUSTOMER TO ARBITRATE ALL THE DISPUTES WITH SHIKLINA&SHIKLINA AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

Governing Law. This Agreement is governed by and interpreted in accordance with the laws of the State of California without regard to its conflicts of laws principles.
Arbitration Agreement. Parties agree that any Dispute between Customer and Shiklina&Shiklina shall be resolved by binding arbitration except claims: (a) in small claims court, so long as the matter advances only on an individual (non-class, non-representative) basis; and (b) for injunctive relief arising out of the infringement or other misuse of intellectual property rights (such as a User Content or Shiklina&Shiklina IP). Shiklina&Shiklina and Customer agree that this Arbitration Agreement shall apply to all Disputes and shall be binding upon and enforceable by not only the Parties, but also their affiliates, subsidiaries, and their respective owners, officers, directors, managers and employees.

BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY CLASS ACTIONS AGAINST SHIKLINA&SHIKLINA. YOU ARE HEREBY AGREEING THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT AGAINST SHIKLINA&SHIKLINA. INSTEAD, BY AGREEING TO ARBITRATE CLAIMS, YOU MAY BRING YOUR CLAIMS AGAINST SHIKLINA&SHIKLINA IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF YOU PREVAIL IN THE ARBITRATION, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

Parties agree that all the disputes between Shiklina&Shiklina and Customer shall be finally resolved by a binding arbitration in Los Angeles County, California, USA. Before a Party may begin an arbitration proceeding, that Party must send notice to the other Party of its intent to initiate arbitration proceedings and certifying completion of the informal dispute resolution Meeting pursuant to Section 15(c). If this notice is being sent to Shiklina&Shiklina, it must be sent by email to marusya@marusyashiklina.com, and by mail to our mailing address at _______. The arbitration will be conducted by JAMS pursuant to the most current version of its rules and pursuant to the terms of this Agreement. In the event of a conflict between the arbitration rules and the provisions of this Arbitration Agreement, the provisions of this Arbitration Agreement shall prevail over any and all conflicting arbitration administrator’s rules or procedures. Arbitration demands filed under this section must include (1) the full name, telephone number, mailing address, and e-mail address of the Party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the Party seeking arbitration. If JAMS is not available to arbitrate, the Parties will mutually elect an alternative arbitration forum. If Parties fail to agree on which arbitration provider shall conduct the arbitration proceedings, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court appoints an arbitration forum. The Parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by Law. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Arbitration Agreement, either Party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that court proceeding.
The arbitrator shall have the sole and exclusive authority to resolve any dispute relating to the interpretation, enforceability or formation of this Arbitration Agreement, including, without limitation, any claim that any provision of this Arbitration Agreement is void or voidable, with the exception of the Waiver of Class or Consolidated Actions, the enforceability of which can only be determined by a court of competent jurisdiction. The arbitration proceeding between Shiklina&Shiklina and Customer shall not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator’s decision is final and binding on you and Shiklina&Shiklina.

Informal Resolution of Disputes. You and Shiklina&Shiklina agree that good-faith efforts to resolve disputes informally often can result in a prompt, cost-effective and mutually beneficial solutions. You and Shiklina&Shiklina hereby agree that, before either you or Shiklina&Shiklina requests arbitration against the other, you will meet and confer, via telephone, videoconference, or other means of real-time communication (“Meeting”), in a good-faith effort to informally resolve any claim under this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the Meeting, but you shall also fully participate in the Meeting. The claimant must give notice to the other Party in writing of its, his, or her intent to initiate an informal dispute resolution Meeting, which shall occur within fifteen (15) days after the other Party receives such notice to meet, unless otherwise agreed by the Parties. To notify Shiklina&Shiklina that you intend to initiate an informal dispute resolution Meeting, please emailmarusya@marusyashiklina.com, providing your full name, telephone number associated with your User account with Shiklina&Shiklina (if any), the email address associated with your User account, and a detailed description of your claim. Initiating an informal dispute resolution Meeting is a prerequisite for commencing any formal dispute resolution under Section 15(b). Parties agree that the statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required under this section.
Appeal. If the arbitration award includes any injunction or a monetary award that exceeds $100,000, then either Party may appeal that award to an arbitration appellate panel. The notice of appeal must be served, in writing, on the opposing Party within fourteen (14) days after the award has become final.
Waiver of Jury Trial. YOU AGREE AND ACKNOWLEDGE THAT YOU ANDSHIKLINA&SHIKLINA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. By entering into this Agreement, You and Shiklina&Shiklina agree that all Disputes between you and Shiklina&Shiklina shall be resolved by binding arbitration, except as specified in this Agreement.
Waiver of Class or Consolidated Actions. YOU AND SHIKLINA&SHIKLINA AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS (“WAIVER”). ALL CLAIMS AND DISPUTES BETWEEN YOU AND SHIKLINA&SHIKLINA SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this Waiver is deemed invalid or unenforceable for any reason with respect to a particular Dispute, neither you nor Shiklina&Shiklina is entitled to arbitration of such Dispute, and all such Disputes will then be resolved in a court of law as set forth in Section 16, after the arbitration of any arbitrable Dispute is concluded, and all other provisions of this Section 15 (Dispute Resolution) shall remain in full force and effect. If any provision of this Section 15 is considered to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and the validity of the remainder of this Section 15 shall not be affected. Nothing in this provision shall prevent you or Shiklina&Shiklina from participating in a class-wide, collective, or representative settlement of claims.
Survival. This Arbitration Agreement and all the terms thereof shall survive any termination of this Agreement.
Modification; No Retroactive Effect. Notwithstanding anything to the contrary in this Agreement, Shiklina&Shiklinar agrees that if Shiklina&Shiklina changes the terms of this Arbitration Agreement, such changes will not apply to any individual claim(s) that you had already initiated with Shiklina&Shiklina.

16.Exclusive Venue; Litigation
To the extent permitted by applicable law, you agree that any ligation proceeding in court, for any other reason, will be conducted solely on an individual basis, and you agree not to seek to have any Dispute heard as a class, representative, collective, or private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity (“Litigation Class Action Waiver”). Furthermore, you agree that no litigation proceeding will be joined, consolidated, or combined with another proceeding, without the express prior written consent of all parties to any such proceeding. If a court determines that all or part of this Litigation Class Action Waiver is unenforceable, unconscionable, void, or voidable with respect to a particular Dispute, then all such Disputes will be resolved in court of competent jurisdiction, after the arbitration of any arbitrable Disputes is concluded. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Shiklina&Shiklina agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Orange County.

17.Termination
If you violate this Agreement, Shiklina&Shiklina response may be based on a number of factors including, without limitation, the nature of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, Shiklina&Shiklina may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you. In addition to suspending or terminating your access to the Services, Shiklina&Shiklina reserves the right to take appropriate legal action, including, without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive the termination of this Agreement shall survive its termination.

18.United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

19.Miscellaneous

Severability. If any term or provision of this Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.
Notices. Where Shiklina&Shiklina requires that you provide an e-mail address, you are responsible for providing Shiklina&Shiklina with your most current e-mail address. If the last e-mail address you provided to Shiklina&Shiklina is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, then Shiklina&Shiklina dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Shiklina&Shiklina using the following email address: marusya@marusyashiklina.com. Such notice shall be deemed given on the next business day after such e-mail is actually received by Shiklina&Shiklina.
Electronic Communications. For the purposes of this Agreement, you (1) consent to receive communications from Shiklina&Shiklina in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Shiklina&Shiklina provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including, without limitation, email address, current.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shiklina&Shiklina without restriction and without notice. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Contact Us. If you have any questions about this Agreement, you can contact us by sending an email to our email address momarusya@marusyashiklina.com.