Terms of Use Agreement

Effective Date: June 2, 2021

These are the terms of use (“Terms”) for Martha.com.  These Terms, and others we may link to or add from time to time constitute a contract between you, the user, and us (Martha.com).  

By accessing or using our website ("Site"), creating an account, making a purchase, reviewing or using any content contained on this Site including using information, specific services, accessing resources available or enabled through the Site (our “Services”), you agree to be bound by these Terms. 

By continuing to  use the Site, you represent and warrant that you are  the age of majority in your state Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

NOTE:  This terms of use agreement contains an arbitration clause that requires most disputes between you, the use and us to be resolved through binding and final arbitration instead of through court proceedings.  Please review this arbitration clause, found in these Terms, under the heading “Dispute Resolution,” for more information, including your right to opt out of arbitration.

Martha.com reserves the right to modify the Site, these Terms, and its policies relating to the Services at any time, and those modifications are effective upon our posting of the  updated version of the terms or any other agreements (“Agreement”).  Your continued use of the Site constitutes your agreement to any modifications.  Please review these Terms often.  The effective date of the new Terms is listed at the top.

Content on Martha.com

This website may contain errors and may not be complete or current. Martha.com therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

THE MARTHA.COM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY MARTHA.COM ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MARTHA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT THE WEBSITE OR EMAILS SENT FROM MARTHA.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARTHA.COM WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, MARTHA.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

To the fullest extent allowed by applicable laws, neither Martha.com nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this website, email sent in connection with this website or any other website linked to this website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Martha.com is notified in advance of the potential for any such damages.  These terms are binding in New York but some other jurisdictions limit consumer limitations of liability, so some or all of the provisions above may not apply to you.

Martha.com does not make any representations or warranties whatsoever regarding any websites you may access through this website, including those that are linked. Links to third party websites are operated and controlled independently from Martha.com, and Martha.com has no control over, or responsibility for the information provided, actions taken,  or activities offered and undertaken by any such website. A link between Martha.com and another website does not mean that Martha.com endorses that website, and once you leave the Site, we are not liable for your interactions with the site.

Creating an Account. You may visit the Site without creating an account and can access some of the Services.  If you choose to register with us in order to take advantage of more Services and/or provide you access to different areas of the Site, including participating in promotions and making purchases, you may be required to register.  When you register and create an account (“Account”), you are agreeing to provide us with accurate and true information about yourself, and that you are otherwise qualified to create an account, according to these Terms, and to agree to these Terms in their entirety.  For avoidance of doubt,  any Account you create remains the property of Martha.com, and any and all use insures to the benefit of Martha.com. 

Creating an account means you are responsible for keeping that Account current and safe, which includes keeping your password safe, barring others from using your account, and notifying Martha.com immediately should you discover any unauthorized use of your password or Account, or any unusual activity. Should you wish to notify Martha.com about potential security breaches, you may contact us at customerservice@martha.com

Restricted Purchases

This Site may sell products or provide Services that are age-restricted, federally and state-regulated, and otherwise restricted, including alcohol and cannabis products and services (“Restricted Products”).  In some cases, those Restricted Products are offered, sold, and delivered to you through separate vendors (“Licensed Vendors”) and distribution channels.  For instance, if you purchase alcohol beverages or CBD products, you may be taken to the site of our Licensed Vendor, Drinks LLC.   Your purchase of these Restricted Products may require you to create a separate account on the Site of the Licensed Vendor, which will be governed by additional Terms.   Your Restricted Products will be sold and shipped through our Licensed Vendor.

In order to purchase, and in some cases, in order to access these Restricted Products, you represent that you have reached the age of consent to purchase these products in your jurisdiction.  Depending upon your purchase, you may be required to provide your date of birth in your order and may be required, upon delivery, to show identification that matches the information contained in your order.

 

Purchases and Orders

You may access the Site without making a purchase.  If you choose to make purchases of merchandise and/or services, the following terms will apply: 

Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling Customer Service at 888-375-4026  You will receive a shipping confirmation email once your items have shipped.

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. We reserve the right to refuse or cancel any order you place on the Site, including for pricing errors or violation of these Terms.

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.

If any Product is discontinued or otherwise becomes unavailable, Martha.com reserves the right to,  or issue you a refund.  If any part of your order is subject to a subscription, Martha.com reserves the right to issue you a refund, pro-rated based upon the original price paid.

Some merchandise, including Restricted Products may have special return rules associated with them, which will be disclosed to you prior to the submission of your order.  In addition, the delivery of many Restricted Products may require the signature of an adult over the age of 21.  Restricted Products may not be delivered or left in the event they are not received by a live person who has sufficient identification.  Some states may require that the Restricted Product only be left with the person who ordered it.

Subscriptions and Auto-Renewal information. Subscriptions and Auto-Renewal information 

If you purchase anything on the Site that is subject to an automatic renewal subscription, that purchase will be subject to the terms of the offer presented to you at that time. The automatic renewal and cancellation terms provided during the order process are hereby incorporated into this Agreement.

Promotional Offers

From time to time, we may offer various special promotions, including free gifts and premium  offers (“Offers”).  These Offers are for a limited time and while supplies last.  If the Offers include the shipment of special merchandise, and unless otherwise noted, such merchandise will be shipped within 12 weeks.  We may also offer discounts or promotional incentives (“Promo Codes”) for certain of our Services.  These Promo Codes may contain additional terms and restrictions, and unless otherwise specified in the Promo Code, may be used once only and only by the individual to whom it was sent.  In all cases, Offers and Promo Codes may only be used for the purpose intended, and may not be sold, traded, or otherwise exploited.


User Content
Generally, Martha.com does not provide you with the ability to upload, submit, upload, and post, and publish content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works.  In the event it does allow this for specific promotions or in response to an update to the Site, the foregoing submissions shall be deemed your "User Content.”   

Martha may interact with its community through a number of third-party social media websites, communication services, and media channels, which may include TikTock, SnapChat, Facebook, Twitter, and Instagram (collectively, The Martha.com "Social Media Assets").   Any content or materials submitted or posted to these Social Media Assets will be also 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.  That which you post to your own social media platforms will also be governed by the terms of those platforms.

Martha.com does not endorse verify, or necessarily agree with User Content, comments, expressed opinions or perspective, or any statement made by users  and disclaims liability as related to User Content submissions of any kind. Martha.com disclaims any and all liability in connection with User Content.  You agree that Martha.com and its third-party service providers are not responsible, and shall have no liability to you, with respect to your own or any User Content.  Martha.com does not generally review User Content, but from time to time may be alerted to User Content.

Ratings and reviews are also considered User Content (“Reviews”).  In the event Martha.com updates its Site to include the opportunity to share Reviews, those Reviews are not endorsed by Martha.com, and (except where disclosed) do not represent the views of Martha.com. We do does not assume responsibility for any claims of loss (economic or otherwise) that may result from  any user reviews. Should Martha.com allow you to post a Review or a rating, please base your review on your personal experience with the product or service you are reviewing, and do not post ratings or reviews on products or services with which you have no experience.  Please disclose if you have either a financial interest or material connection to the product or service you review. We may, in our sole discretion, exclude any User Content, including ratings and reviews, without notice to you, if we reasonably believe the User Content violates these Terms or the spirit of these Terms, or if we reasonably believe the User Content has the potential to mislead.

Consumer feedback, such as contacting our customer service department, may be considered User Content, and is considered public.  Please do not submit customer feedback that contains proprietary information.  All customer feedback is considered publish and you submit such feedback at your own risk.

In the event Marth.com allows you to post User Content on the Site, and if you choose to provide User Content to our Social Media Assets, you represent and warrant that you are the creator and owner of the User Content, and/or have the necessary licenses, rights, consents, and permissions to authorize Martha.com and its 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 Martha.com, the Site, and these Terms.

You further warrant and represent that your User Content does not (and will not) infringe or otherwise violate any third-party rights, including any intellectual property rights (copyright, patent, trademark, right of publicity), privacy rights or celebrity rights or other proprietary right; nor will it defame third parties including third party corporations; or in any way does or will cause Martha.com to violate any law or regulation or otherwise subject Martha.com to liability.

By posting, displaying, uploading, or providing any User Content to the Site, including Martha.com’s  Social Media Assets, you hereby grant Martha.com and it’s affiliate, Marquee Brands, a perpetual, irrevocable, royalty-free, sub-licensable, 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.

Martha.com property

Except for User Content, for which you grant us and Marquee a license as outlined in these Terms, Martha.com and its  own all rights, title and interest in the Site and the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Martha.com grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Martha.com, its suppliers and service providers reserve all rights not granted in this Agreement.

Trademarks Martha.com, MARTHA, MARTHA STEWART, the Martha Stewart logo, its stylization, club and section names used on the Site or in connection with the Services are the trademarks or registered trademarks of Martha Stewart Living Omnimedia, Inc. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Please do not remove, alter or obscure any trademark, service mark, copyright notice or any other notice or indicia of propriety rights.

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 content, 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, Services 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.

Disclaimers, Limitations, and Indemnity.THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. MARTHA.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARTHA.COM 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 MARTHA.COM 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 MARTHA.COM 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.

MARTHA.COM 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 MARTHA.COM'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MARTHA.COM 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 Martha.com 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.

Termination. At its sole discretion, Martha.com 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 and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Martha.com 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 and unpaid amounts you owe to Martha.com for Products purchased will remain due.

14. International Users. The Services are controlled and offered by Martha.com from its facilities in the United States of America. Martha.com makes no representations that the Services are appropriate or available for use in other locations. This Site is not intended for users outside the US.  If, however, you access the Site from another location, you do so at your own risk.

Dispute Resolution.

Our Customer Service Specialists are ready to assist you and address your concerns—email customerservices@martha.com or call 888-375-4026 during normal business hours.

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and Martha.com or any Martha.com affiliate (including any claim, controversy, or dispute between you and a third-party agent of Martha.com or any Martha.com affiliate) will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes relating to your access or Use of our Site, any products or services purchased from Martha.com through our Site or stores. The sole exceptions to the foregoing requirement to arbitrate are that: (a) 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 advances only on an individual (non-class, non-representative basis); and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH MARTHA.COM 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, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.

You agree that the arbitration will be conducted by the American Arbitration Association ("AAA"), adr.org, 1-800-778-7879. To begin an arbitration proceeding, you may either (1) send a letter requesting arbitration and describing your claim to: Martha.com, C/O Marquee Brands Attn: General Counsel and Corporate Secretary,330 West 34th Street, 15th Fl. New York, New York 10019; or (2) contact the AAA and follow the appropriate procedures with the AAA to commence an arbitration. The AAA consumer rules for arbitration shall apply. 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 Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, Martha.com will not seek attorneys' fees and costs in arbitration. You may choose to have the arbitration 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 above, we each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative or collective action 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. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any 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.

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 OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MARTHA.COM WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Waiver of Jury Trial

YOU AND MARTHA.COM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Martha.com are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, in the event that this section is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we shall be entitled to arbitration of such claim or dispute and instead the applicable claim or dispute shall be resolved in a court as set forth herein.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: Martha.com, [address], Attn: General Counsel or email to [email address you choose], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Martha.com username (if any), the email address you used to set up your Account (if you have created one), along with a clear and unequivocal statement that you want to opt out of this Arbitration Agreement (“I want to opt out of this Arbitration Agreement”). If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with Martha.com, or may enter into in the future with us.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Martha.com.

Notwithstanding any provision in this Agreement to the contrary, in the event Martha.com makes any future material change to this Arbitration Agreement, it will not apply to any individual claim for which you have given notice.

No Assignment of Rights

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Martha.com's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Force Majeur

Martha.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, a pandemic, acts of G-d, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Other Questions

If you have any questions regarding the Site or the Services, please contact our customer service department here:  customerservice@martha.com

Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court of law, you and we agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in New York, or federal courts located in the Southern District of New York.

Governing Law

THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

Notices

You are responsible for providing Martha.com with and maintaining a current e-mail address. In you have provided an invalid email address, or if Martha.com cannot for anyr ason deliver notices required or allowed under this Agreement, the dispatch of any notice will nevertheless constitute effective notice. Except as otherwise provided herein for various purposes, you may provide effective notice to Martha.com at the following address: Martha.com, C/O Marquee Brands, 330 West 34th Street, 15th Floor.  New York, New York 10019.  Attn: General Counsel. Notice will be deemed as given when received by Martha.com by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Export Notice

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.

Consumer Complaints  

California provides that, in addition to the information provided herein under the Dispute Resolution section and other portions of these Terms, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.