PLEASE NOTE THAT SECTION 7 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND RETAILER MAY BE RESOLVED.
Modifications and Termination
We reserve the right to modify the Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular offering altogether. If you don’t like any changes, you can stop using the Services at any time.
Your Use of the Services
Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to prohibit you from using the Services and take appropriate legal actions.
Using our Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.
Any materials, information, or ideas you send us or post on this Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever.
The Services may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, RETAILER DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
EXCEPT WHERE PROHIBITED, RETAILER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY’S USE OF THE SITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF RETAILER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Governing Law and Venue. This Agreement shall in all respects be governed by and construed in accordance with the laws of the United States of America and of the Retailer’s State of Business, which can be found on the website footer (“the Business State”) without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Unless the parties agree otherwise in writing, any proceeding under or concerning this Agreement shall take place in the Retailer’s County of Business, which can also be found on the website footer (“the Business County”).
Mandatory, Bilateral Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the Business County, and under the laws of the Business State.
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The number of arbitrators shall be determined in accordance with those Rules. In considering the facts and issues, in conducting the hearings, and in rendering a decision or award, the arbitrator is required to strictly apply the law of the Business State and failure to follow the Business State law is grounds for vacating the decision or award. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court located in the Business County or injunctive relief necessary to enforce the Confidential Information provision of this Agreement. Each party shall equally divide the fees and costs of the arbitrator(s). Each party shall pay for its own costs and attorney’s fees, if any. However, the parties are entitled to seek recovery of costs and attorney’s fees to the same extent they would be entitled in court under controlling law.
Any party that seeks to confirm, vacate or have the judgment entered on any arbitration award shall do so exclusively in a court in the Business County. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the Business County, for the purposes set forth above and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, or that such suit, action or proceeding is improper.
Waiver of Jury Trial. BY ENTERING INTO THIS AGREEMENT YOU AND RETAILER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE MEDIATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE MEDIATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Services.
The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.
When you use the Services or send communications to us through the Services, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Services from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Retailer to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of the Business State, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Business County, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.