Terms of Service
Overview
This website is operated by Bravo Prospect Inc. Throughout the site, the terms "MALACASA", “we”, “us” and “our” refer to Bravo Prospect Inc. Bravo Prospect offers this website, including all information, tools, services, and items for purchase available from this site to you (“Service(s)”), the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you. You can view Shopify’s terms HERE.
THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.
SECTION 1
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of MALACASA websites and any and all Services.
SECTION 2
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5
Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6
Account Creation and Guidelines
You may need to create an account in order to access and use the Services. In order to create an account, you will be required to provide us with certain information, including, but not limited to, your name, email address, and phone number. You agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
You acknowledge and agree that (i) any post or recommendation from your account will be deemed to be a post or recommendation authored or sent by you; (ii) all posts and recommendations should be related to the applicable topic, product, or service and shall not be abusive, obscene, threatening, defamatory, libelous, explicit, or offensive in any way; (iii) all posts will be accurate and truthful; (iv) you will not sell or buy any product or service through the Services that is not intended to be sold or bought through the Services; (v) you will not post information that (A) infringes on the intellectual property of other, (B) is confidential or sensitive, or (C) is illegal or objectionable.
You authorize MALACASA, directly or through third parties, to make any inquiries we consider necessary to validate your identity. MALACASA reserves the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (a) we are unable to obtain or verify identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in or seems to have been used in, a nefarious manner.
SECTION 7
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and services shall also be subject to these Terms of Service.
SECTION 9
Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 10
User Comments, Feedback, and Other Submissions
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 11
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms of Services, and your agreement to be bound by these Terms of Services means you are also bound by the Privacy Policy.
SECTION 12
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) use any automatic or manual process to harvest information from the Services or (L) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Services and all products delivered to you through the service are (except as expressly stated by us) provided 'as is’ and 'as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bravo Prospect Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Services are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Services below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services do not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
SECTION 16
Trademarks
MALACASA’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MALACASA or its affiliates or licensors. You must not use such marks without the prior written permission of MALACASA. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 17
Limited License; Permitted Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Services. All other rights are reserved.
SECTION 18
Indemnification
You agree to indemnify, defend and hold harmless Bravo Prospect Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 19
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20
Nontransferable
Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
SECTION 21
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTIONS 23
Governing Law
All issues related to your use of this Service and these Terms of Service shall be governed by the laws of the United States of America.
We make no representations that the content, these Terms of Service, or any materials on this Service are legal or appropriate for use from outside the United States. If you choose to access this Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations. By agreeing to these Terms, you agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and the content provided therein.
SECTION 24
ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Bravo Prospect and limits the manner in which you can seek relief from Bravo Prospect.
General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms of Service promptly by negotiation between individuals who have the authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within thirty (30) business days of commencing negotiations, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The tribunal will consist of one arbitrator. The arbitration will take place in the city and country where MALACASA’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of MALACASA’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial. YOU AND Bravo Prospect WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Bravo Prospect are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Bravo Prospect over whether to vacate or enforce an arbitration award, YOU AND Bravo Prospect WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. YOU AND Bravo Prospect AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor MALACASA is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section 20(e).
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 21680 GATEWAY CTR DR, STE 160, DIAMOND BAR, CA 91765, postmarked within thirty (30) calendar days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service’s arbitration provisions.
SECTION 25
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26
Important! Please read these SMS Terms Conditions (the “SMS Terms”) carefully. By enrolling or otherwise agreeing to receive text messages from or on behalf of MALACASA or by otherwise providing your phone number to MALACASA, you agree to these SMS Terms.
PLEASE NOTE: THESE SMS TERMS CONTAIN AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH MALACASA ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE SMS TERMS CAREFULLY.
For purposes of the SMS Terms, “MALACASA,” “the Company,” “we,” or “us” shall mean Bravo Prospect Inc. and any of its subsidiaries, divisions, or affiliates.
Opting in to Receive Text Messages
By opting into any MALACASA promotional text program, you expressly consent to receive recurring marketing text messages that may be sent using an automatic telephone dialing system, by or on behalf of MALACASA, at the cell phone number you provide us. To opt-in to MALACASA’s promotional text messaging programs, please follow the instructions provided by the specific program from which you wish to receive marketing text messages.
By voluntarily providing your cell phone number to MALACASA, you consent to receive transactional, operational, or informational text messages at that phone number, including but not limited to order confirmations; shipping and delivery notifications; and appointment reminders for grooming, veterinary, training, or wellness services. Please note we may not be able to deliver messages to all mobile carriers.
Consent to receive texts is not a condition of purchasing any goods or services, and you understand and agree that all text messages may be sent using automated technology.
How to Opt-Out and Get Help
To stop receiving text messages from MALACASA, you agree to reply STOP to the text message. After texting STOP, you may receive additional communications confirming that your request has been received and processed. You may continue to receive text messages for a short period while MALACASA processes your request(s). If you opt-out of one MALACASA text messaging program, you will remain opted into other MALACASA text messaging programs (if applicable) unless you opt out of those programs separately. If you need further assistance, text HELP to the number sending the message, or contact MALACASA customer service at support@malacasa.com.
Below is more information on the types of text messages you may receive, and opting out of text messages from MALACASA:
- Marketing Alerts, SMS Informational Campaigns, and One-Time Offer Campaigns: By enrolling in promotional text programs such as MALACASA Mobile Marketing alerts, SMS Informational Campaigns, or One-Time Offer Campaigns, you will receive recurring marketing and informational texts from or on behalf of MALACASA at the mobile number you provide when opting in. In some cases, you may text us to enroll. To be removed from these lists, reply STOP; text STOP to (978) 613-9947; or contact support@malacasa.com. For help, reply HELP; text HELP to (978) 613-9947; or contact support@malacasa.com. Consent to receive texts is not a condition of purchasing any goods or services. Message and data rates may apply.
After opting out of receiving text messages, you can re-enroll in any MALACASA text messaging program by following the instructions for that program. We would be happy to welcome you back.
Cost
Message and data rates may apply for any messages sent to you from or on behalf of MALACASA, and messages sent to MALACASA from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Eligibility and Change in Phone Number
By opting into MALACASA’s promotional text messaging program or by otherwise providing your cell phone number to MALACASA, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number you have provided. You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization. If you change, forfeit, or deactivate the phone number you have provided to MALACASA, you agree to notify MALACASA immediately. Failure to do so constitutes a material breach of these SMS Terms and MALACASA’s Terms of Service. Mobile carriers are not liable for delayed or undelivered messages.
Mandatory Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION, AND A CLASS ACTION WAIVER.
IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO MALACASA, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM, WHICH SHALL BE WAIVED AND TIME-BARRED.
Pre-Dispute Resolution Process
Should you and MALACASA have a Dispute (as defined below), MALACASA is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and MALACASA, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
For your Disputes with MALACASA, you must first send your name, address, telephone number, email address, and sufficient information for MALACASA to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: support@malacasa.com. You and MALACASA agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and MALACASA. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to the resolution of the Dispute, but if the matter is not resolved within sixty (60) days after MALACASA’s receipt of the written description detailed above, you and MALACASA agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above.
Arbitration
You and MALACASA agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND MALACASA ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Changes to the SMS Terms
These SMS Terms may be updated by MALACASA at any time without prior notice. By continuing to be enrolled in any MALACASA promotional text messaging program, or by providing your cell phone number for transactional, operational, or informational text messages, you agree to any changes.
Questions
For questions about these SMS Terms or MALACASA’s text messages, please contact MALACASA customer service at support@malacasa.com
SECTION 27
Contact Information
Questions about the Terms of Service should be sent to us at support@malacasa.com