Terms of Use
PLEASE READ THESE TERMS CAREFULLY. SECTION 14 CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 14.
These Terms of Use ("Terms") govern your access to and use of anatmarin.com and any related pages, features and services (together, the "Website"). The Website is operated by Anat Marin LLC ("Anat Marin", "we", "us" or "our"). By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website. Purchases are also governed by our Terms of Sale, and our handling of personal information is described in our Privacy Policy. Both are incorporated into these Terms by reference.
1. Who we are
Anat Marin LLC
23777 Calabasas Rd, Suite 121, Calabasas, CA 91302
Email: store@anatmarin.com
Phone: (818) 914-1186
2. Eligibility
You may use the Website only if you are at least the age of majority in your state, province or country of residence, or if you are using it under the supervision of a parent or legal guardian who agrees to these Terms. The Website is not directed to children.
3. Changes to these Terms
We may update these Terms from time to time. The updated version takes effect when it is posted on this page, and the "Last updated" date will change. Changes do not apply to disputes that arose before they were posted. Your continued use of the Website after changes are posted means you accept them.
4. Electronic communications
When you use the Website or contact us electronically, you agree to receive communications from us electronically, including by email and on the Website. You agree that agreements, notices and other communications we provide electronically meet any legal requirement that they be in writing. Marketing emails are sent only with your consent, and you can unsubscribe at any time.
5. Intellectual property
The Website and everything on it, including the Anat Marin name and logo, product designs, photographs, videos, text, graphics, page layout and software (the "Content"), are owned by or licensed to Anat Marin and are protected by trademark, copyright, design and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to view the Content for your personal, non-commercial use, such as browsing and shopping. You may not copy, reproduce, modify, distribute, publicly display, sell, frame or create derivative works from any Content, or use our trademarks, without our prior written permission. All rights not expressly granted are reserved.
6. Content you submit
If you send us comments, reviews, photos, ideas, suggestions or other material (a "Submission"), you confirm that you own it or have the right to share it, and that it is accurate, lawful and does not infringe anyone's rights. You grant Anat Marin a worldwide, royalty-free, perpetual, non-exclusive licence to use, reproduce, adapt, publish and display the Submission in connection with our business, without compensation to you, to the extent permitted by law. We are not obliged to keep Submissions confidential, to use them, or to respond to them, and we may remove any Submission at our discretion.
7. Prohibited conduct
You agree not to:
- use the Website for any unlawful, fraudulent or harmful purpose;
- impersonate any person or misrepresent your affiliation with anyone;
- upload viruses or other malicious code, or interfere with the Website's security or operation;
- use robots, scrapers or other automated tools to access, copy or monitor the Website without our written permission;
- attempt to gain unauthorised access to any part of the Website or our systems;
- harass, threaten or abuse others, or post content that is defamatory, obscene or infringing;
- use the Website or its Content for commercial purposes, such as reselling access or Content, without our written permission.
8. Third-party links
The Website may contain links to websites and services we do not control, such as social media platforms. We provide these links for convenience only and are not responsible for their content, policies or practices. Your use of third-party sites is at your own risk and subject to their terms.
9. Accuracy of information
We try to keep the Website accurate and up to date, but it may contain errors, inaccuracies or omissions, including in product descriptions, images, prices and availability. We reserve the right to correct errors and to change or update information at any time without prior notice. Information on the Website is provided for general information only.
10. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. This section does not affect any warranty that cannot be excluded under applicable law, or any rights you have regarding products purchased under our Terms of Sale.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ANAT MARIN AND ITS OWNERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence or wilful misconduct.
12. Indemnity
You agree to defend, indemnify and hold harmless Anat Marin and its owners, employees and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Website, your Submissions, or your violation of any law or the rights of any third party.
13. Copyright complaints
We respect intellectual property rights. If you believe material on the Website infringes your copyright, please send a written notice to store@anatmarin.com that includes: (a) your physical or electronic signature; (b) a description of the copyrighted work; (c) a description of where the material appears on the Website; (d) your name, address, telephone number and email address; (e) a statement that you believe in good faith the use is not authorised by the copyright owner, its agent or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf. We may remove the material and, in appropriate cases, block repeat infringers.
14. Dispute resolution: informal resolution, arbitration, class action and jury trial waiver
Please read this section carefully. It affects your legal rights. This section applies to any dispute, claim or controversy between you and Anat Marin arising out of or relating to the Website, these Terms, the Terms of Sale, any purchase, or our relationship with you (a "Claim"), to the fullest extent permitted by law.
14.1 Informal resolution first. Before starting any arbitration or court proceeding, you and we each agree to try to resolve a Claim informally. The party raising the Claim must send a written notice to the other describing the Claim, the relief requested and the sender's contact details. Notices to us must be sent to 23777 Calabasas Rd, Suite 121, Calabasas, CA 91302 and store@anatmarin.com. We will send notices to the email address or mailing address we have for you. Both parties will negotiate in good faith for at least 60 days after the notice is received. Any limitation period will be paused during this 60-day period.
14.2 Binding individual arbitration. If a Claim is not resolved within 60 days, it will be resolved by final and binding arbitration, rather than in court, except as stated in section 14.4. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time, and will be conducted by a single arbitrator. Unless you and we agree otherwise, the arbitration will take place in the county where you live or by video conference, or on written submissions only for Claims under US$10,000. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitrator may award the same individual relief a court could award, but only to you as an individual. The Federal Arbitration Act governs the interpretation and enforcement of this section. A court may enter judgment on the arbitrator's award.
14.3 Class action and jury trial waiver. YOU AND ANAT MARIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND ANAT MARIN EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate claims of more than one person. If this class action waiver is found unenforceable for a particular Claim, that Claim (and only that Claim) will be decided by a court as described in section 14.8, not in arbitration.
14.4 Exceptions. Either party may bring an individual Claim in small claims court if it qualifies. Either party may also ask a court for an injunction or other equitable relief to stop the actual or threatened infringement of intellectual property rights.
14.5 Mass filings. If 25 or more similar Claims are submitted against us by the same or coordinated counsel, they will be administered in batches of up to 25 Claims under the AAA's applicable mass arbitration procedures, and the remaining Claims will be paused until each batch is resolved. Any limitation period for the paused Claims will be suspended during this time.
14.6 Your right to opt out. You may opt out of this arbitration agreement by sending written notice to store@anatmarin.com within 30 days after you first accept these Terms. Your notice must include your name, address and email address and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.
14.7 Time limit to bring Claims. To the fullest extent permitted by law, any Claim must be started within one (1) year after it arose. Otherwise it is permanently barred.
14.8 Governing law and courts. These Terms and any Claim are governed by the laws of the State of California, USA, without regard to conflict-of-law rules, and subject to the Federal Arbitration Act for section 14. Any Claim that is not subject to arbitration will be brought only in the state or federal courts located in Los Angeles County, California, and you and we consent to the personal jurisdiction of those courts.
14.9 Consumers outside the United States. If you are a consumer living outside the United States, the arbitration agreement and class action waiver apply only to the extent permitted by the laws of your country. Nothing in these Terms removes mandatory consumer protections, or any right to bring proceedings in your local courts, that you have under the laws of the country where you live.
15. Suspension and termination
We may change, suspend or discontinue all or part of the Website at any time, and may suspend or terminate your access if you breach these Terms or if required by law. Sections that by their nature should survive termination, including sections 5, 6 and 10 to 17, will continue to apply.
16. International use
The Website is operated from the United States. If you access it from elsewhere, you are responsible for complying with your local laws, including laws on importing products. Some products, including those made from exotic leathers, may be subject to import restrictions in certain countries.
17. General
These Terms, together with the Terms of Sale and the Privacy Policy, are the entire agreement between you and us about the Website. If any provision is found invalid or unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms without our consent; we may assign ours, for example in connection with a sale of our business. Headings are for convenience only. If these Terms are translated, the English version prevails to the extent permitted by law.
18. Contact us
Questions about these Terms can be sent to store@anatmarin.com or through our Contact Us page.