Terms & Conditions
OVERVIEW
This website, jamieyoung.com, including any related websites, mobile applications, services, and platforms (collectively, the "Site"), is operated by Jamie Young Company. Throughout the Site and these Terms of Service, the terms "we", "us", and "our" refer to Jamie Young Company. Jamie Young Company offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/ or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, which is a legally binding agreement between you and Jamie Young Company, then you may not access the Site or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION NOTICE. PLEASE READ THIS NOTICE CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of or access to the Site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You are responsible for your use of the Site, and for any use of the Site made using your account.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, access to the Site, or contact on the Site, without express written permission by us. Your account on the Site, along with any user name and password are for your personal use only and must be kept confidential—you, and not Jamie Young Company, are responsible for any use or misuse of your account, user name, or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for the Site.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Intellectual Property Rights / Use of the Site. The Site, along with any information, images, pictures, data, and any other items published or displayed on the Site is the property of Jamie Young Company (collectively, the "Company IP"). Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to the Company IP. You understand and agree that the Company IP and the Site are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, to the extent applicable. As a user of the Site, you are granted a worldwide, non-exclusive, non-transferable, revocable, personal, limited license to access and use the Site in accordance with these Terms of Service and any terms of service or use of any third-party service provider. Jamie Young Company may terminate, modify, edit, suspend, or restrict access to this license or other aspects of the Site at any time for any reason.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
SECTION 6 – TRANSACTIONS AND ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you wish to purchase from Jamie Young Company or otherwise obtain certain products through the Site (a "Transaction"), you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information ("Payment Information"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting Payment Information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of Payment Information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the Site and accepting these Terms of Service, you hereby authorize Jamie Young Company and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your e-mail address, billing address, phone number, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. Each registration on the Site is for a single individual only, unless specifically designated otherwise. Jamie Young Company does not permit anyone other than you to use your username and password. Access through a single username and password combination being made available to multiple users on a network or otherwise is prohibited.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Site may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal, commercial, or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please click here.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
The content on this Site (the "Content") is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, attempt to discern the code or underlying structure of, or create derivative works from this Site or the Content, including the underlying structure of any part, feature, function, or user interface of the Site or any Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the Content without Jamie Young Company's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site, or rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Content to any third party or use the Content to provide time sharing or similar services for any third party or otherwise make the Content available to, or use for the benefit of, anyone other than you. You may not use or otherwise export or re-export this Site, the Content or any portion thereof in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Site or the Content is prohibited.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site or any of our product or service offerings at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. The foregoing disclaimer of warranties shall apply to the maximum extent permitted by applicable law.
IN NO CASE SHALL JAMIE YOUNG COMPANY, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE-OF-EARNINGS, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DIMINUTION IN VALUE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SITE, ANY FORCE MAJEURE EVENT (AS DEFINED BELOW), OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICES FROM JAMIE YOUNG COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
Notwithstanding the foregoing, if Jamie Young Company is found to be liable for anything related to the Site or its products or services, our liability to you or to any third party is limited to the lesser of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) the cost of the applicable product in dispute.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Jamie Young Company and our shareholders, parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, successors, and assigns harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. Except for Section 13 (Disclaimer of Warranties; Limitation of Liability), Section 14 (Indemnification), and Section 22 (Arbitration Notice), you may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to these Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with any products or services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to the principles of conflict of laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on the Site.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (DMCA)
Jamie Young Company's policy is to respond to claims of infringement in compliance with the DMCA. 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 that is taking place through the Site, please complete the following DMCA notice and deliver it to Jamie Young Company's designated DMCA agent at the contact information provided below.
You must provide the following information in writing in your DMCA notice:
A. Identify the copyrighted work that you claim has been infringed;
B. Identify the material that is claimed to be infringing and where it is located on the Site;
C. Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and e-mail address;
D. Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
E. Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
F. Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Deliver the DMCA notice, with the above information completed, to Jamie Young Company's designated DMCA agent at: operations@jamieyoung.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SECTION 21 - FORCE MAJEURE
Neither Jamie Young Company nor any third party service provider shall be liable for failures or delays in delivery or in performance due to causes beyond its reasonable control, including but not limited to acts of God or civil or military authority, disease, epidemics, pandemics, war, invasion, riot, or other civil unrest, strikes, labor stoppages or slowdowns, or other industrial disturbances, flood, fire, explosion, governmental order or law, national or regional emergency, shortage of adequate power or transportation facilities, or any other event which is beyond the reasonable control of Jamie Young Company (collectively, "Force Majeure Event").
SECTION 22 - ARBITRATION NOTICE
THE SITE IS BEING MADE AVAILABLE AND PRICED BY JAMIE YOUNG COMPANY ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE TERMS OF SERVICE, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY STATE OR FEDERAL COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE IN ANY STATE OR FEDERAL COURT, AND YOU OTHERWISE WIAVE THE RIGHT TO TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS OF SERVICE VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS OF SERVICE THEMSELVES.
THIS ARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
A. Arbitration of Claims. You and Jamie Young Company mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Service to arbitration, or to the access or use of the Site (hereinafter "Claim" or "Claims") shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Streamlined Arbitration Rules") in effect on the date the arbitration is filed. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Subject to the limitations of liability set forth in these Terms of Service, the arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys' fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Jamie Young Company, without any right of appeal. You and Jamie Young Company hereby waive the right to assert any Claim in any state or federal court. As set out below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
B. Other Claims Subject to Arbitration. In addition to Claims brought by either you or Jamie Young Company, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of Jamie Young Company will be subject to arbitration as described herein.
C. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and Jamie Young Company both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph contained in this Section 22 C to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the "Arbitration Notice") will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Arbitration Notice will survive any termination of these Terms of Service. Jamie Young Company, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
D. Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be in Los Angeles County, California. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within Los Angeles County, California. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten (10) years of experience and will be selected by the parties; provided, however, that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section 22 C above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. In that regard, consistent with the California Code of Civil Procedure Section 1283.1(b), the parties hereby incorporate the provision of Code of Civil Procedure Section 1283.05 permitting discovery, including against third parties, and granting the arbitrator the power to order such discovery. The arbitrator's award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. You may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.
E. Confidentiality. You and Jamie Young Company agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Jamie Young Company agree not to disclose or cause to be disclosed to any third party the disputes to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such disputes, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
F. Severability. Except as provided in Section C, any provision of this arbitration notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the arbitration notice shall be given full force and effect.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us (Attention: Legal Compliance Officer) at support@jamieyoung.com.
This website, jamieyoung.com, including any related websites, mobile applications, services, and platforms (collectively, the "Site"), is operated by Jamie Young Company. Throughout the Site and these Terms of Service, the terms "we", "us", and "our" refer to Jamie Young Company. Jamie Young Company offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and/ or purchasing something from us, you agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, which is a legally binding agreement between you and Jamie Young Company, then you may not access the Site or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION NOTICE. PLEASE READ THIS NOTICE CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your use of or access to the Site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You are responsible for your use of the Site, and for any use of the Site made using your account.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, access to the Site, or contact on the Site, without express written permission by us. Your account on the Site, along with any user name and password are for your personal use only and must be kept confidential—you, and not Jamie Young Company, are responsible for any use or misuse of your account, user name, or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for the Site.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Intellectual Property Rights / Use of the Site. The Site, along with any information, images, pictures, data, and any other items published or displayed on the Site is the property of Jamie Young Company (collectively, the "Company IP"). Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to the Company IP. You understand and agree that the Company IP and the Site are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, to the extent applicable. As a user of the Site, you are granted a worldwide, non-exclusive, non-transferable, revocable, personal, limited license to access and use the Site in accordance with these Terms of Service and any terms of service or use of any third-party service provider. Jamie Young Company may terminate, modify, edit, suspend, or restrict access to this license or other aspects of the Site at any time for any reason.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 4 - MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
SECTION 6 – TRANSACTIONS AND ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you wish to purchase from Jamie Young Company or otherwise obtain certain products through the Site (a "Transaction"), you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information ("Payment Information"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting Payment Information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of Payment Information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We and our third party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third party payment service providers, we may use that information to process any payment that you have authorized us to charge to such payment card, including payment for any outstanding balances owed by you on any purchase. By using the Site and accepting these Terms of Service, you hereby authorize Jamie Young Company and its third party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt out of providing updated card information. For more information, please contact your payment card issuer.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your e-mail address, billing address, phone number, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. Each registration on the Site is for a single individual only, unless specifically designated otherwise. Jamie Young Company does not permit anyone other than you to use your username and password. Access through a single username and password combination being made available to multiple users on a network or otherwise is prohibited.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Site may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal, commercial, or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please click here.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
The content on this Site (the "Content") is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, attempt to discern the code or underlying structure of, or create derivative works from this Site or the Content, including the underlying structure of any part, feature, function, or user interface of the Site or any Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the Content without Jamie Young Company's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site, or rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Content to any third party or use the Content to provide time sharing or similar services for any third party or otherwise make the Content available to, or use for the benefit of, anyone other than you. You may not use or otherwise export or re-export this Site, the Content or any portion thereof in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Site or the Content is prohibited.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site or any of our product or service offerings at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. The foregoing disclaimer of warranties shall apply to the maximum extent permitted by applicable law.
IN NO CASE SHALL JAMIE YOUNG COMPANY, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE-OF-EARNINGS, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DIMINUTION IN VALUE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE, ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SITE, ANY FORCE MAJEURE EVENT (AS DEFINED BELOW), OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICES FROM JAMIE YOUNG COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
Notwithstanding the foregoing, if Jamie Young Company is found to be liable for anything related to the Site or its products or services, our liability to you or to any third party is limited to the lesser of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) the cost of the applicable product in dispute.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Jamie Young Company and our shareholders, parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, successors, and assigns harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. Except for Section 13 (Disclaimer of Warranties; Limitation of Liability), Section 14 (Indemnification), and Section 22 (Arbitration Notice), you may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to these Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with any products or services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to the principles of conflict of laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on the Site.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (DMCA)
Jamie Young Company's policy is to respond to claims of infringement in compliance with the DMCA. 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 that is taking place through the Site, please complete the following DMCA notice and deliver it to Jamie Young Company's designated DMCA agent at the contact information provided below.
You must provide the following information in writing in your DMCA notice:
A. Identify the copyrighted work that you claim has been infringed;
B. Identify the material that is claimed to be infringing and where it is located on the Site;
C. Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and e-mail address;
D. Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
E. Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
F. Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Deliver the DMCA notice, with the above information completed, to Jamie Young Company's designated DMCA agent at: operations@jamieyoung.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SECTION 21 - FORCE MAJEURE
Neither Jamie Young Company nor any third party service provider shall be liable for failures or delays in delivery or in performance due to causes beyond its reasonable control, including but not limited to acts of God or civil or military authority, disease, epidemics, pandemics, war, invasion, riot, or other civil unrest, strikes, labor stoppages or slowdowns, or other industrial disturbances, flood, fire, explosion, governmental order or law, national or regional emergency, shortage of adequate power or transportation facilities, or any other event which is beyond the reasonable control of Jamie Young Company (collectively, "Force Majeure Event").
SECTION 22 - ARBITRATION NOTICE
THE SITE IS BEING MADE AVAILABLE AND PRICED BY JAMIE YOUNG COMPANY ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE TERMS OF SERVICE, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY STATE OR FEDERAL COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE IN ANY STATE OR FEDERAL COURT, AND YOU OTHERWISE WIAVE THE RIGHT TO TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS OF SERVICE VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS OF SERVICE THEMSELVES.
THIS ARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
A. Arbitration of Claims. You and Jamie Young Company mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Service to arbitration, or to the access or use of the Site (hereinafter "Claim" or "Claims") shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Streamlined Arbitration Rules") in effect on the date the arbitration is filed. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Subject to the limitations of liability set forth in these Terms of Service, the arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys' fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Jamie Young Company, without any right of appeal. You and Jamie Young Company hereby waive the right to assert any Claim in any state or federal court. As set out below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
B. Other Claims Subject to Arbitration. In addition to Claims brought by either you or Jamie Young Company, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of Jamie Young Company will be subject to arbitration as described herein.
C. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and Jamie Young Company both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph contained in this Section 22 C to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the "Arbitration Notice") will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Arbitration Notice will survive any termination of these Terms of Service. Jamie Young Company, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
D. Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be in Los Angeles County, California. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within Los Angeles County, California. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten (10) years of experience and will be selected by the parties; provided, however, that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section 22 C above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. In that regard, consistent with the California Code of Civil Procedure Section 1283.1(b), the parties hereby incorporate the provision of Code of Civil Procedure Section 1283.05 permitting discovery, including against third parties, and granting the arbitrator the power to order such discovery. The arbitrator's award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. You may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.
E. Confidentiality. You and Jamie Young Company agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Jamie Young Company agree not to disclose or cause to be disclosed to any third party the disputes to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such disputes, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
F. Severability. Except as provided in Section C, any provision of this arbitration notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the arbitration notice shall be given full force and effect.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us (Attention: Legal Compliance Officer) at support@jamieyoung.com.