Terms & Conditions
Last Updated: December 22, 2021
Please review the following terms and conditions ("Terms") that govern your use of and purchase of products from (collectively, "Use") msspecialcreative.com and any MS Special Creative brand mobile applications (collectively, our "Site"). The Site is provided by MS Special Creative, Inc. ("MS Special Creations"). By creating an Account or otherwise accessing or using the Site, you acknowledge and agree to follow and be bound by these Terms.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH IN SECTION 16, BELOW.
You must be at least 13 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Accounts & Registration
3. Shipping, Processing & In-Store Pickup
For information about our shipping and other delivery options and policies, please visit our Pickup and Delivery page.
4. Product Information
The prices displayed on our Site may differ from prices that are available in stores. Our pricing may also differ from store to store and between different MS Special Creations brands (that is, MS Special Creations). MS Special Creations products displayed on the Site may be available in selected MS Special Creations stores in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or mobile device and may not be accurate. Additionally, from time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. MS Special Creations reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.
We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors, as set forth in our Pricing Policy. We reserve the right to limit quantities on orders placed by the same Account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, prohibit purchases of any products to resellers, dealers, and distributors. If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize us to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
6. Site Contents
The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Site, the Site as a whole, and all other elements of the Site (collectively, "Contents") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. All Contents are owned, controlled, or licensed by MS Special Creations or its subsidiaries and affiliates. Any use of the Contents without MS Special Creative's express written consent is strictly prohibited. MS Special Creations reserves all rights to the Contents not granted expressly in these Terms. Any material downloaded or otherwise obtained through the Use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. MS Special Creative grants you a limited license to access and Use the Site and the Content solely for your personal, noncommercial Use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial Use only. No right, title, or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
7. Comments, Feedback & Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to MS Special Creations using this Site or otherwise (collectively, "Comments") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Comments in any manner and for any purpose, including to improve the Site and create other products and services.
9. User Content
Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. MS Special Creations uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Assets") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Assets will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Assets. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. MS Special Creations does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Site and expressly disclaims any and all liability in connection with User Content submissions. MS Special Creations disclaims any and all liability in connection with User Content, and you agree that MS Special Creations and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content. By providing User Content via the Site or Social Media Assets, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize MS Special Creations and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by MS Special Creations, the Site, and these Terms;
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause MS Special Creations to violate any law or regulation or otherwise cause liability for MS Special Creations; and
c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
10. License to Your Content
By posting, displaying, uploading, or providing User Content to the Site or Social Media Assets, you hereby grant MS Special Creative a perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, copy, distribute, reproduce, modify, adapt, publish, translate, transmit, disclose, publicly perform, and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. By providing User Content to or via the Site to other users of the Site, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Site.
11. Sole Discretion to Edit or Screen Content
MS Special Creations does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, MS Special Creative is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. MS Special Creative reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time MS Special Creations chooses, in its sole discretion, to monitor the Site, MS Special Creations nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.
12. Acceptable Use
You are responsible for your Use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you Use the Site, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
- advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
- alter or tamper with any Contents, information, or materials on or associated with the Site;
- transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user;
- disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware, or servers in any way;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- impede or interfere with others' Use of the Site;
- abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing
- use any robots, spiders, scrapers or any other automated means to access the Site for any purpose.
- use any means to scrape or crawl any web pages contained on the Site;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Site;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
13. Copyright Infringement Policy/DMCA
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located on the Site.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The contact information for MS Special Creations Copyright Agent is as follows: Copyright Agent MS Special Creative, Inc. 3300 Broadway Ave. Bayshoremall EUREKA, CA 65501 Email: email@example.com For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. MS Special Creations may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.
14. Disclaimer, Limitation of Liability & Indemnity
THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. MS SPECİAL CREATİONS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MS SPECİAL CREATİONS DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH MS SPECİAL CREATİONS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MS SPECİAL CREATİONS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE. MS SPECİAL CREATİONS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF MS SPECİAL CREATİONS TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MS SPECİAL CREATİONS AND ITS AFFILIATES, AND THEIR RESPSECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT). If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to MS Special Creations through the Site during the prior twelve (12) months. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
15. Dispute Resolution
Our Customer Service Specialists are ready to assist you and address your concerns—email:firstname.lastname@example.org or call 707 845 42 11, 24 hours a day. For purposes of this Section 16 (Dispute Resolution), “MS Special Creations,” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MS SPECİAL CREATİONS WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If you and MS Special Creations have a Dispute (defined below) and our customer service team is unable to resolve your concern, you and MS Special Creations agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding.If you intend to initiate an arbitration proceeding, you must first send a verified Notice to MS Special Creations that describes the Dispute. The Notice must include your name and contact information (address, telephone number, and email address), sufficient information to enable MS Special Creations to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought, with a detailed calculation. You must personally sign the Notice. If requested by MS Special Creations, you must personally appear at and participate in a telephone settlement conference (if you are represented by counsel, your counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or MS Special Creations may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and MS Special Creations will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and MS Special Creations, your access or Use of our Site or any products or services offered by or purchased from MS Special Creations through our Site or stores, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH MS SPECİAL CREATİONS IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS. There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org, +1 707 845 42 11 (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: MS Special Creative, Inc., Attn: General Counsel and Corporate Secretary, 3300 Broadway Ave. Bayshoremall EUREKA CA 95501, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, MS Special Creative will pay all fees and costs that we are required by law to pay. AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 16 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against MS Special Creations by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for MS Special Creations shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against MS Special Creations. Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, we agree that if MS Special Creative makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
16. Applicable Law & Venue
The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or Use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington. Any action relating to the Use of the Site or any transaction with MS Special Creations must be brought in the state or federal courts located in Seattle, Washington, for any lawsuit or court proceeding permitted under these Terms. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
17. Links to Other Websites & Services
This Site may include links to other websites maintained by third parties ("Linked Sites"). MS Special Creations provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by MS Special Creative of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the MS Special Creative Site. Linked Sites are not under the control of MS Special Creations and MS Special Creations is not responsible for the contents of any Linked Site.
18. Google Maps Privacy & Terms of Service
These Terms constitute an agreement that is effective unless and until terminated by MS Special Creative. MS Special Creations may, at its sole discretion, terminate these Terms or your Account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your Account at any time by contacting MS Special Creations customer service. If in MS Special Creations sole discretion you fail to comply with any term or provision of these Terms, MS Special Creations may terminate your Account and deny you access to the Site. In the event of denial of access by MS Special Creations, you are no longer authorized to access the Site. Upon termination of these Terms: (a) you must immediately cease Use of the Site; (b) you will no longer be authorized to access your Account or the Site; and (c) the following Sections will survive termination: Sections 8, 10, 11, 15, 16, 17, 21, and all other provisions of these Terms which are by their nature intended to survive termination.
20. Additional Terms, Modification & Severability, Miscellaneous