Terms of service

TERMS OF USE (Effective December 2025)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms of Use are entered into by and between You and Harnoor Legacy Jewellers LLC d/b/a KRSNA™ Jewel of Universe ("Company," "we," or "us"). The following terms and conditions, along with any documents expressly incorporated by reference (collectively "Terms of Use"), govern your access to and use of all Company online and digital activities, including, but not limited to krsnajou.com and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively "Website").

1. Acceptance of the Terms of Use

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you may not access or use the Website. Certain areas within the Website may be governed by additional terms ("Additional Terms"), incorporated herein by reference. By using those areas of the Website, you agree to the Additional Terms.

2. Changes to these Terms of Use

At the Company’s sole discretion, we may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date these Terms of Use were last modified is at the top of this page. We encourage you to visit our Website periodically to view the latest version of these Terms of Use. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website after the revised Terms of Use are posted on the Website means that you accept and agree to the changes and updated Terms of Use.

3. Features and Functionality Provided by Third Parties; Third Party Items

Certain of the content, features and functionality on the Website may be provided by third parties (collectively, "Third Party Providers"). Your use of and interaction with such content, features and functionality (collectively, "Third Party Content") may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

4. Use of Website

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. By using this Website, you represent and warrant that you are of capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You acknowledge and agree that all information you provide to register with this Website or otherwise provide through the Website, including but not limited to through the use of any interactive features on the Website, is accurate, current and complete. Our use of your information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other information as part of our secure account registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and that you are responsible for all activity that occurs through your account. If any unauthorized access to or use of your username or password or any other breach of security occurs, you must notify us immediately. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, block access to our Website, or refuse service to you at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. Trademarks, Copyrights and Patents

All trademarks, logos, and service marks displayed on the Website, are registered and unregistered trademarks of Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the marks. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof (collectively, "Content"), is owned by Company and its licensors, and protected by U.S. and international copyright laws. All products displayed on our Website are protected by copyright and/or patents owned by Company and its licensors.

6. Limited License

Company grants you a limited license to access and make personal use of the Website and Content for your personal, noncommercial use and only to the extent that such use does not violate these Terms of Use. Any downloading or copying of the Content herein is permitted for such personal, noncommercial use only, provided you do not modify or alter the Content in any way. No right title, or interest in any Content is transferred to you upon copying or downloading, and Content may not be transferred, reproduced, retransmitted or otherwise distributed or displayed, in whole or part.

You may not use any trademarks, logos, service marks, or Content on this Website for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by contacting us at info@krsnajou.com.

7. Prohibited Uses

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation. 
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing. 
  • To harvest or collect information about other users of the Website. 
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. 
  • To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use. 

Additionally, you agree not to: 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. 
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without the Company's prior written consent. 
  • Use any meta tags or any other hidden text utilizing Company's name or marks. 
  • Use a buying agent to conduct transactions on the Website. 
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website. 

8. User Contributions

The Website may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively "User Contributions"). Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.

Any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By posting User Contributions on the Website, you grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Indemnification obligations for User Contributions are set forth in Section 21 (Indemnification) of these Terms of Use.

You represent and warrant that:

  • You own or control all rights in and to your User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. 
  •  All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

9. Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms of Use. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy. 
  • Promote any illegal activity, or advocate, promote or assist any unlawful act. 
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising. 
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

10. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.

11. Online Purchases

If you wish to purchase any goods or services made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Company or our agents may call or text you regarding your account or your Transactions, as set forth in our Privacy Policy and applicable Additional Terms. You agree that we may place such calls or texts using an automatic dialing/announcing device, and that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record your communications, including but not limited to your phone conversations, with us.

12. Product Images

We have attempted to accurately depict the colors and details of the products offered on this Website. However, because the color and product details you see is dependent on your computer monitor, we cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.

13. Pricing, Availability, and Accuracy

Company's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company makes a conscientious effort to describe and display its products and services accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.

14. Returns

If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy, incorporated herein by reference.

15. Copyright Infringement Policy

If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

DMCA Agent: Legal Department

Company: Harnoor Legacy Jewellers LLC d/b/a KRSNA™ Jewel of Universe

Email: info@krsnajou.com

*NOTE: This contact information is for inquiries regarding potential copyright infringement only. For notices sent via email, please include "DMCA" in the email subject line.

To be effective, your notification must (i) be in writing and signed, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located]."); 
  • Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible; 
  • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available); 
  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); 
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The Company has the right to remove any Content, User Contributions, or other material from the Website at any time.

16. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website. 
  • Send e-mails or other communications with certain content, or links to certain content, on this Website. 
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you. 
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. 
  • Link to any part of the Website other than the homepage. 
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

17. Links from the Website

The Website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.

18. Geographic Restrictions

The Company is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

19. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND RELATE ONLY TO YOUR USE OF THE WEBSITE AND ONLINE SERVICES, NOT TO ANY PRODUCTS COVERED BY THE COMPANY’S LIMITED WARRANTY.

YOU UNDERSTAND THAT THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI‑VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THE COMPANY’S LIMITED WARRANTY APPLICABLE TO ITS PRODUCTS, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR‑FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FOR TERMS GOVERNING WARRANTIES ON PRODUCTS, PLEASE REFER TO THE COMPANY’S LIMITED WARRANTY.

20. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND EXCEPT FOR LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY OR DEATH CAUSED BY PRODUCTS YOU PURCHASED FROM US, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY NON‑WAIVABLE RIGHTS OR REMEDIES AVAILABLE TO YOU UNDER APPLICABLE CONSUMER PROTECTION LAWS.

21. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third‑party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to:

(a) your violation of these Terms of Use;

(b) your fraud, willful misconduct, or gross negligence;

(c) your infringement or misappropriation of any intellectual property, privacy, or other rights of a third party;

(d) your misuse of the Website, including your User Contributions, in a manner not authorized by these Terms of Use; or

(e) any User Contributions you post or submit, including their accuracy, legality, or non‑infringement of the rights of others.

You are not responsible for indemnifying the Company for matters caused by the Company's own gross negligence, willful misconduct, or other violation of these Terms of Use.

22. Information, News and Press Releases

The Website may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our website is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than us contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.

23. Waiver

Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

24. Disputes

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

(a) Agreement to Arbitrate. To the fullest extent allowed by applicable law, you and we agree that any dispute, claim, or controversy between you and us arising out of or relating in any way to these Terms of Use, the Website, or any products or services you purchase from us (a “Dispute”) will be resolved by binding, individual arbitration, and not in court, except as expressly provided below. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

(b) Informal Dispute Resolution. Before either of us starts arbitration or a lawsuit (other than small claims), the parties agree to try in good faith to resolve the Dispute informally. The party starting the Dispute must send a written notice describing the issue and the requested relief to the other party at the contact information in these Terms of Use, and the parties will work together for at least 30 days to try to resolve it.

(c) Binding Arbitration & Procedures. If a Dispute cannot be resolved through the informal resolution process described above, then either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below under “Exceptions.” Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) effective as of the date of the Notice of Dispute, which are available at the JAMS website, http://www.jamsadr.com/rules-streamlined-arbitration, as modified by these Terms of Use.

Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration, except as set forth in the “Exceptions” section below. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense that any portion of this agreement is not enforceable, subject to the “Exceptions” section below.

If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and we agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief. Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.

(d) Exceptions.

  • Exception: Intellectual Property, Trade Secret, and Moral Rights Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Such claims are subject to the jurisdiction and applicable law provisions below.  
  • Exception: Small Claims Court. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case (with no fees due or payable by either party to the arbitration provider). Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by the arbitrator. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (with no fees due or payable by either party to the arbitration provider) pending the outcome of such action. 
  • Exception – Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms of Use. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than JAMS, you or we may seek an order from JAMS compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by the AAA consistent with the provisions of the Dispute Section of these Terms of Use and in accordance with AAA Rules in effect when the Mass Arbitration is filed, including the AAA Supplementary Rules for Multiple Case Filings, available at https://adr.org.  

(e) Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

Although the parties have agreed that no disputes may proceed as part of a class arbitration, you and we agree that the JAMS may consolidate an individual arbitration filed under these Terms of Use with other individual arbitration(s), at the request of any party, if the arbitrations share any common issues of law or fact. The consolidation issue shall be determined by the arbitrator appointed for the earliest filed arbitration. Any disputes over whether an arbitration claim should be consolidated with others, or which arbitrator shall hear any consolidated matter, shall be resolved by JAMS.

(f) Dispute Resolution: Severance. If any provision in this Dispute Section of these Terms of Use is found to be unenforceable, that provision shall be severed with the remainder of this Dispute Section of these Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Dispute Section of these Terms of Use (but only the Dispute Section) shall be null and void.

(g) 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Dispute Section by sending written notice of your decision to opt-out to the following email address: info@krsnajou.com using the subject line “Arbitration Opt-Out.” The notice must be sent within 30 days of the date on which you first access or use the Site and agree to these terms; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Dispute Section. If you opt-out of these arbitration provisions, we also will not be bound by them.

(h) Governing Law and Jurisdiction. Any dispute or claim relating in any way to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be governed by and construed in accordance the laws of the State of California without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms of Use or previous versions of these Terms of Use, your use of the Website, or any products or services sold or distributed by Company or through the Website, shall be instituted exclusively in the federal or state courts located in San Bernardino County, State of California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

25. Severability

If any portion of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.

26. Entire Agreement

The Terms of Use, Privacy Policy, Return Policy, and all Additional Terms, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous negotiations, agreements, proposals and understandings both written and oral, with respect to the Website.

27. Notice to New Jersey Users.

Notwithstanding any other provision of these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights that are non‑waivable under clearly established New Jersey law, including under the Truth‑in‑Consumer Contract, Warranty and Notice Act.

If any disclaimer of warranties, limitation of liability, or other term in these Terms of Use is held unenforceable, void, or inapplicable under New Jersey law as applied to you, then that specific term shall not apply to you, but the remainder of these Terms of Use shall remain in full force and effect. Where New Jersey law mandates attorneys’ fees, court costs, or other remedies, this Agreement does not limit those mandated rights.

28. Notice to California Users.

Nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any non‑waivable rights you may have under California law, including under the Song‑Beverly Consumer Warranty Act, the Consumers Legal Remedies Act, or other applicable consumer protection statutes. To the extent any disclaimer of warranties, limitation of liability, arbitration provision, or class‑action waiver in these Terms of Use is found to conflict with such non‑waivable rights, that provision shall be interpreted, modified, or severed only to the minimum extent required so that your non‑waivable rights are preserved and the remainder of these Terms of Use remains in effect.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us at info@krsnajou.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445‑1254 or +1 (800) 952‑5210.

29. Contact Us

If you have any questions or comments about these Terms of Use or this Website, please contact us at info@krsnajou.com. By providing us with your email address, postal address, or phone number, you are agreeing that we or our agent may contact you at that email address, postal address, or number (including by text message) in connection with the Website or our agreements with you and in accordance with our Privacy Policy.

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