This Site, including its tools, applications and services, are intended solely for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using our Site, including its tools, applications and services, you warrant and represent that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our trademarks include SHEVATM, Sheva.comTM, She-va.comTM and MoshosTM.
All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
YOUR ACCOUNT OBLIGATIONS
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes and in compliance with all applicable laws and regulations. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Harassment in any manner or form on the Site, including via e-mail, chat, forum, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SHEVA or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You agree that your use of robots, spiders, crawlers, wanderers, Web agents and other such automated processes on the Site will be Standard for Robot Exclusion (SRE) -compliant robots (“robots”) and when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.sheva.com/robots.txt (“the robot.txt file”). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site, without prior notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, or create or attempt to create a substitute or similar Site or service through the use of or access to the Site, its Content or any proprietary information related thereto. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
This Site and the materials and products on this Site are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, SHEVA disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SHEVA does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. SHEVA does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
SHEVA is a distributor only. Products distributed by SHEVA are not manufactured by SHEVA. The products may, however, be covered by their respective manufacturers’ warranty, service and/or support policies, where applicable. Where permitted, SHEVA assigns and passes through to its customers any manufacturer warranties and you acknowledge that you shall have recourse only under such warranties and only against the respective manufacturers of the products.
LIMITATION OF LIABILITY
In the event that a SHEVA product is mistakenly listed at an incorrect price, SHEVA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SHEVA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SHEVA shall issue a credit to your credit card account in the amount of the incorrect price.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our Site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. It should be noted that the Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse the website or its use or contents.
LINKS TO SHEVA.COM & FRAMING
Illegal and/or unauthorized uses of the Site, including unauthorized framing of, or linking to, the Site will be investigated and appropriate legal action may be taken. You may be allowed to establish a hyperlink to certain pages within the Site, provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the Site; (iii) the link does not state or imply any sponsorship or endorsement of your website; and (iv) you immediately stop providing any links to the Site upon written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our websites.
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, questions, replies, suggestions, or other material (“Submissions”) as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. SHEVA reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
APPLICABLE LAW AND DISPUTE RESOLUTION
If either SHEVA or you want to arbitrate a dispute, SHEVA and you each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your billing address that you provided us and notice to us will be sent to: 3401 N. Miami Avenue Unit 205, Miami, Florida 33127. SHEVA and you each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate. Thereafter, either SHEVA or you may submit the dispute to formal arbitration.
Both you and SHEVA each agree not to pursue arbitration on a consolidated or classwide basis. Both you and SHEVA each agree that any arbitration will be solely between you and SHEVA (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
SHEVA may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to SHEVA.
Taxable items that are shipped to customers in Illinois and any other location where we have a taxable business presence are subject to tax at the appropriate state and local rate. At the time you place your order, you will be notified if your order is subject to tax.
CUSTOMS FEES AND VAT (VALUE ADDED TAX)
If there are customs fees and VAT, they must be paid by you when the package reaches your destination country. SHEVA is not responsible for any sales taxes, VAT, customs duties or other taxes charged by your customs department. These charges are your responsibility and will vary from country to country.
We cannot determine these fees in advance. We recommend that you check with your local customs office or post office for details on how these charges are assessed and applied. You may also be able to find information about your country’s VAT and Customs fees by searching websites on the Internet such as the United States Council for International Business. Please note that if your order has reached your country of destination and it is returned to us as Unclaimed or Refused due to VAT or customs fees imposed by your country, it can often take up to 6 months for us to receive, and we must receive the order back before we can issue you a refund.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
Moshos Inc. / SHEVA
3401 N. Miami Avenue Unit 205
Miami, FL 33127
By phone: (786) 266-0520
Copyright © 2014 Moshos Inc., 3401 N. Miami Avenue Unit 205
All rights reserved. Any rights not expressly granted herein are reserved.
This was last updated on October 26, 2015