Last updated: November 14, 2023
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.jiffyshirts.com or the www.jiffy.com websites or any other websites (the "Service") operated by JiffyShirts.com (US), L.P. ("us", "we", or "our"). For purposes of these Terms, “you” refers to the individual visiting, viewing, using, or accessing the Service and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, SMS/texting services, or other online services provided by us. These Terms also govern your participation in any Service Activity (as defined below).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. You represent and warranty that you possess the legal authority to enter into these Terms.
Service Activity. "Service Activity" means any and all online and offline activities sponsored by us, including, without limitation, (a) visiting and viewing the Service and any other websites operated by us; (b) submission of any Content (as defined below); (c) to make purchases of product or services through the Service; and (d) participation in any forum, project center, message board, bulletin board, internal messaging system, or social media site or program sponsored by us.
When you create an account with us, you guarantee that you are above the age of 18 years of age or older or the age of legal consent in your jurisdiction, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time.
Your account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your account, password or login to access or use the Services to arrange, enter, and/or participate in any Service Activity, or for any other purposes. We take no responsibility for any third party access to your account.
You have verified and determined that your use of the Service does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case. You will not engage in any conduct that injures or may injure the business, reputation or goodwill of ours.
You shall not infringe or encroach upon our personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets.
You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques that are intended to block or restrict access from a jurisdiction in which participation in the Service or any Service Activity is illegal or restricted. You will not mask your identify in any way, including without limitation, IP masking by accessing the Service or any Service Activity over any type of proxy server, through IP masking software or the like.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You may not use a third party copyrighted image without the express permission of the copyright owner.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We hereby grant you permission to access and use the Service and to engage in Service Activity subject to these Terms, and provided that you agree not to: (i) alter or modify any part of our Service; (ii) engage in the sale of access to our Service; (iii) engage in the sale of advertising, sponsorships, or promotions placed on or within Service; (iv) circumvent, disable or otherwise interfere with security-related features of our Service or any Service Activity or features that prevent or restrict use or copying of any Content and Images or enforce limitations on use of our Services or any Service Activity; (v) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (vi) collect or harvest any personally identifiable information, including account names, from the Service; (vii) use the communication systems provided by the Service or any Service Activity (e.g., email, or comments or other posts in a forum or project center or on a message board, internal messaging system or bulletin board) for any commercial solicitation purpose; and (viii) solicit away from the Service, for commercial purposes, any users of the Service or any Service Activity.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the content thereof, but not caches or archives of such content. We reserve the right to revoke these exceptions either generally or in specific cases.
Restrictions on Use of Materials
No material from the Services or any website owned, operated, licensed or controlled by us, including, without limitation, the Images, may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. You may download the materials, provided you keep intact all copyright and other proprietary notices provided with the materials, if any. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. In the event you download software from the Services the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are provided to you under a limited revocable license by us. We do not transfer any other rights or title to the Software. We retain full and complete title and ownership, to the Software, and all intellectual property and other legal rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software, except as otherwise not permitted by law.
Guidelines for the Use of Software
The Software contains numerous images, fonts, design templates, characters, photos, graphics, illustrations, screenshots, clip art and the like (collectively referred to as the "Images") which are either owned by us or licensed from a third party. As a user of the Services, you are free to modify the Images and publish and use the modified Images subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the Terms set out below, seek the advice of your own attorney or legal counsel. We will not provide you with an opinion as to whether your use complies with these Terms. You must agree to be bound by the terms of this License (which, for the avoidance of doubt, also apply retroactively to all your actions on the Service prior to this License taking effect). We hereby grant a non-exclusive, worldwide, non-transferable and non-sublicensable right to use the Images to create an individual(ized) design using the Service for commercial and non-commercial purposes as further specified herein.
YOU MAY, subject to any restrictions set out below:
- Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media, provided, however that you have transformed the Image from its original version. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of an apparel product (such as a t-shirt), but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product; and
- Make one (1) copy of the transformed Image(s) for backup or archival purposes.
YOU MAY NOT:
- Create scandalous, obscene, defamatory, immoral or otherwise inappropriate works using the Image(s);
- Use the Image(s) for collective use;
- Use the Image(s) in a manner that suggests an association or endorsement of any kind by us;
- Use or include the Image(s) or a derivative thereof in a database, archive or in any other media/stock product, collection, set of clips or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Services;
- Use the Image(s), Content or materials on the Services for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons;
- Use the Image(s) for any other purpose which is prohibited by law;
- Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
- Seek to exploit or harm children by exposing them to inappropriate Image(s) asking for personally identifiable details or otherwise;
- Use the Image(s) without transformation or modification thereof;
- Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;
- Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this license, including all copies (except copies incorporated into your work product as permitted under this license), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this license;
- Sell, modify, re-use, re-sell the Content on a stand-alone basis;
- Activate the “right-click” function in the Content, or reverse engineer, decompile, or disassemble the Service to enable the download or use Content without payment of fees;
- Obtain any ownership rights to the Content
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content, material or information;
- Use any Image(s) except as expressly permitted by these Terms; and
- Upload or create any content or use the Image(s) in any way that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property.
Jiffy Transfers (which comprises direct to film printing) services are provided by third party printers and are not controlled by us. We have no liability or responsibility if a printer refuses to print an Image(s) other than to return to you the fees you paid specifically for such DTF printing services. You hereby waive any and all claims or causes of action against us related to a third party printer not printing an Image. Moreover, once the DTF product has been printed, we will not accept a return thereof.
By posting or uploading Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service or our use thereof does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (iii) all moral rights in the Content have been waived by you; (iv) you are at least 18 years old; (v) the Content is not known to you to be false, inaccurate or misleading; (v) the Content is not or reasonably not considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (vi) the Content does not include information that references other websites, addresses, e-mail addresses, contact information or phone numbers; and (vii) the Content does not contain any computer viruses, worms or other potentially damaging computer programs or files. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You may retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting or uploading Content using the Service you grant us the non-exclusive, irrevocable, worldwide, royalty-free, perpetual, transferable, sublicensable, right and license to use, exploit, modify, publicly perform, publicly display, reproduce, adapt, translate, create derivative works, distribute such Content on and through the Service, and/or incorporate such Content into any form, medium or technology now known or hereafter developed throughout the world, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without compensation to or further authorization by you. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Under the license granted herein, we shall be free to use any ideas or concepts contained in the Content without further attribution, compensation or notice to you. We not endorse any Content or any opinion, recommendation, or advice expressed therein. We reserve the right to determine in our sole discretion whether Content is appropriate and comply with these Terms and Conditions and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any Content, including, without limitation in complying with the Digital Millennium Copyright Act. We reserve the right to remove any Content that we believe violate these Terms and Conditions or is otherwise objectionable without providing any kind of notification and without recourse. We reserve the right to change, condense or delete any Content that we deem, in our sole discretion, to violate these Terms and Conditions. We do not guarantee that you will have any recourse through us to edit or delete Content that you have submitted. We reserve the right to remove or to refuse to post any Content for any reason. You acknowledge that you, not us, are responsible for the contents of the Content you provide.
You may not upload or create any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You cannot use images that you do not have permission to use. You cannot create a "new" image using elements from images other people have created, except as permitted in these Terms. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content. You may also not upload or create any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would violate any laws.
We have the right but not the obligation to monitor and edit all Content provided by users. By posting or submitting to the Service or in connection with any Service Activity, you automatically grant us all rights necessary to prohibit any subsequent unauthorized aggregation, display, copying, duplication, reproduction, or exploitation of such Content by any party for any purpose.
In addition, Content found on or through this Service are the property of JiffyShirts.com (US), L.P. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
No rights or licenses are granted or implied, including any right to use our website content, the materials, Content, Images, Software, product content, or user-submitted content for other purposes, such as for training a machine learning or AI model, without our express permission.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Except, that by submitting your email address in connection with your Purchase (as defined below), you agree that our third party service providers and we may use your email address to contact you about the status of your Purchase and other administrative purposes.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase 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: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Items in your Shopping Cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Cart. We reserve the right to limit quantities and to refuse to sell to any person whom we believe are violating these Terms.
We work hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, we will cancel your order of that item and notify you of the cancellation.
You agree that we are not liable for any loss caused by any unauthorized use of your Pay-Pal Account, your credit card or any other method of payment by a third party in connection with the Service or any Service Activity. You waive your right to dispute any payment made into your account and you will personally bear all costs.
Any attempt to defraud the Service using Pay-Pal, credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of your account and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials or credit card information, by anyone, or any other fraudulent activity, we reserve the right to block your account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
We may use third-party electronic payment processors and/or financial institutions ("EPP") to process financial transactions. You irrevocably authorize us, as necessary, to instruct such EPPs to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your request as submitted with your order. You agree to be bound by the terms and conditions of use of each applicable EPP, and in the event or conflict between these Terms and the EPP's terms and conditions then these Terms shall govern.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: the product is not available/in stock (any payments will be refunded); your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within twelve (12) calendar days after acceptance of your order; we have reason to believe you are under eighteen (18); there was an error in the price quote; or we could not deliver to the address provided by you.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
As part of the Services, we are not responsible for any of the following: grammatical errors made by you, spelling, punctuation, low-resolution or inferior quality of uploaded images, your design errors in the creation process, errors in user-selected options, the type or quantity of product ordered, and damage to the products arising after delivery to you. Please preview your design proofs carefully and correct any mistakes before placing your order. Please note that we do not proof products you created prior to processing.
Contests, Sweepstakes and Promotions
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's 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 Service 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; and
- 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.
You can contact our Copyright Agent via email at email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Resultant Data. You hereby unconditionally and irrevocably grant to us an assignment of all right, title, and interest in and to the data, content and information, in any form or medium, related to your use of the Services or that incorporates or is derived from the processing of such information, data, or content by or through the Services (“Resultant Data”), including all intellectual property rights relating thereto.
Customer Data. As between you and us, you are and will remain the sole and exclusive owner of all right, title, and interest in and to information and data, in any form or medium, that is collected, downloaded, or otherwise received directly from you by or through the Services (“Customer Data”). For the avoidance of doubt, Customer Data does not include Resultant Data or any other information reflecting the access or use of the Services by or on behalf of you, including all intellectual property rights relating thereto, subject to the rights and permissions granted in this Section. You hereby irrevocably grant all such rights and permissions in or relating to Customer Data as are necessary or useful to us in providing the Services, creating new services or offerings or in conducting our business or future business.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless JiffyShirts.com (US), L.P. and its affiliates, subsidiaries, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service, d) Customer Data, including any processing thereof, e) any actual or alleged infringement, violation or misappropriation of the intellectual property rights of any third party.
We make no representation that materials in the site are appropriate or available for use outside of the United States. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law provisions. If any provision of the Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms and Conditions, together with the other Jiffyshirt policies referenced herein, constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by us.
JIFFYSHIRTS.COM and the JIFFYSHIRTS.COM logo are registered trademarks of and JIFFY.COM is a trademark of Shirt S&D Management LLC. All other brands and product names are trademarks of their respective companies.
Limitation Of Liability
In no event shall JiffyShirts.com (US), L.P., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, IMAGES, MATERIALS AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
JIFFYSHIRTS.COM (US), L.P. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
IMPORTANT: BY USING THIS SITE AND THEREBY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THESE TERMS AND CONDITIONS BELOW. THIS PROVISION AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
Mandatory Binding Arbitration and Class Action Waiver
Any Dispute involving you and us that cannot be resolved informally or through small claims court shall be resolved through arbitration on an individual basis only. You and we are each waiving the right to sue in court, to have a trial by jury, or TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship. The Federal Arbitration Act shall govern this Arbitration Provision. The AAA pursuant to its Consumer Arbitration Rules (the AAA Rules”) shall administer arbitrations. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. Unless you and we agree otherwise, any arbitration hearing will take place at a location within the United States that is convenient to you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS, OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS OF THE SITE, OR OTHER PERSONS. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. IN THE EVENT THAT THE CLASS ACTION WAIVER OR THE PUBLIC INJUNCTIVE RELIEF WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS PROCEEDING OR CLAIMS INVOLVING PUBLIC INJUNCTIVE RELIEF MAY PROCEED ONLY IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.
This Arbitration Provision shall survive the termination of your use of the site.
In using these Services you agree to the following: (a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of these Services; (b) you will not to violate or attempt to violate the security of these Services, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and (c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of these Services.
If you have any questions about these Terms, please contact us.