17. GENERAL PROVISIONS.
17.1 Electronic Communications.
The communications between you and Maisonette use electronic means, whether you visit the Services or send Maisonette e-mails, or whether Maisonette posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Maisonette in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Maisonette provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Maisonette’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.3 Force Majeure.
Maisonette shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.4 Questions, Complaints, Claims.
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.
17.5 Exclusive Venue.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Maisonette agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court pursuant to Section 16.1 will be litigated exclusively in the state courts in New York, New York or federal courts located in the Eastern District of New York.
17.6 Governing Law.
THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Where Maisonette requires that you provide an e-mail address, you are responsible for providing Maisonette with your most current e-mail address. In the event that the last e-mail address you provided to Maisonette is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Maisonette’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Maisonette at the following address: Maisonette Inc., 55 Washington Street, Suite 620, Brooklyn, New York 11201. Such notice shall be deemed given when received by Maisonette by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Subject to Section 16.5, if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
17.10 Export Control.
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
17.11 Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
17.12 Entire Agreement.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.