Terms And Conditions Of Use
Effective Date: November 22, 2010.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 16 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.
1. Personal and Non-commercial Limitation on Use of Site
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
2. Acceptable Use Policy
Harassment in any manner or form on or in connection with the Site, including via e-mail and chat, is strictly forbidden. Impersonation of others, including a Joss & Main employee or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
3. Copyrighted Material
We respect copyright and expect our users to do the same. It is our policy to terminate in appropriate circumstances the accounts of users who are repeat infringers of copyright. If you are a copyright owner please click here to contact us regarding how to submit a notification to request removal of allegedly infringing material.
4. Membership Eligibility
The Site is available to individuals who are 18 years and older, who have properly registered and who have not been suspended or removed by Joss & Main for any reason (a "Member"). By becoming a Member you represent that you are at least 18 years old. Membership is available only by a valid invitation to users who have completed the information required by the Site's registration form. If you do not qualify, you may not use the Site. As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form. Membership is void where prohibited by law.
5. Referral Credit Program
Joss & Main's referral credit program is designed to reward existing members ("Sponsors") for referring new Members to Joss & Main by awarding the Sponsor a financial credit when the new Member makes his or her first Joss & Main purchase. Accordingly, Sponsors are only entitled to receive referral credits upon the initial purchase of Joss & Main merchandise by a new Member introduced for the first time t o Joss & Main by the Sponsor. Only one referral credit may be received per new Member purchaser. The receipt by any Sponsor of referral credit(s) by any means other than as a result of the initial purchase of Joss & Main merchandise by a new Member introduced to Joss & Main by the Sponsor shall be a violation of the Terms, shall be null and void, is subject to immediate cancellation, and may subject the Member or Sponsor to civil and/or criminal penalties under applicable law.
In addition, from time to time Joss & Main may run promotions designed to attract new Members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Joss & Main by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
Referral credit may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Referral credit is not transferable and may not be combined with referral credits belonging to others. At no time may you purchase, sell or barter any referral credits. Referral credits have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, referral credits do not constitute property and you do not have a vested property right or interest in the referral credits. The status of your referral credits can be found in your Joss & Main account. At our option, referral credits may expire twelve months after the date of issuance. We reserve the right at any time in our discretion, and without prior notice, to discontinue the referral program or to add or change referral program rules, terms or conditions, including changing expiration periods or referral credit values for existing or future referral credits.
6.1. Return Policy
We offer two options for returning your purchase. You may choose to receive a Merchandise Credit and free return shipping (AK, HI, PR, and Canada: additional shipping rates apply), or you may choose to receive a Return Refund to your original form of payment with the cost of return shipping deducted from your refund. In order to receive a refund you must first request a return merchandise authorization (RMA) from customer service within 30 days of delivery, and returned items must be received by our warehouse in new condition and in their original packaging. Please note that original outbound shipping costs are non-refundable.
6.2. Return Credit
Items that have been returned for a Joss & Main merchandise credit will be refunded in the form of a merchandise credit (a "Merchandise Credit") at the original purchase price, plus applicable sales tax. Outbound shipping charges are non-refundable. Merchandise Credit may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Joss & Main website, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
6.3. Return Refund
Items that have been returned for a refund to your original form of payment will be refunded (a "Return Refund") at the original purchase price plus applicable sales tax and return shipping charges will be deducted from your refund. Outbound shipping charges are non-refundable. Please note that in connection with the Return Refund, a refund to your original form of payment includes restoring any prior Merchandise Credit or referral credits that you may have used for your purchase to your Joss & Main account. Refunds to your original form of payment will appear on your statement within seven days.
Any valid credit balance (including a referral credit balance and/or Merchandise Credit) will be automatically applied to your next purchase of merchandise from the Site and the order of redemption of such credits will be determined by Joss & Main. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by Joss & Main and such determination is final.
8. Placement and Acceptance
Orders may be cancelled within 48 hours of purchase if they have not already been shipped or gone into production (in the case of made-to-order items). If you do not want an item that has already shipped, please contact us to arrange a return (detailed in section 6) for the item as soon as it arrives.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Joss & Main reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products on this Site at a particular time does not guarantee that the products will be available. If a product offered and sold by us is not as described, your sole remedy is to return it subject to the terms set forth herein
9. Links to Other Websites
Joss & Main makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the websites accessible by hyperlinks from this Site, or websites linking to this Site.
10. Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
11. Proprietary Rights
Except as noted herein, the content, materials and other components (including but not limited to logos, code, software, graphics, button icons and page headers) available on the Site, the Joss & Main logo and trade name, and any logos or trade names of Joss & Main affiliates, are protected by copyrights, trademarks, service marks or other proprietary rights and laws and all rights thereto are specifically reserved. In the case of product material, whether owned by Joss & Main Co. or otherwise, all text and graphics are protected by copyrights, trademarks, service marks or other proprietary rights and laws by the original owner. You have permission to copy electronically and to print in hard copy portions of this Site for the sole purpose of using this Site as an information or shopping resource. Any other use of materials on this Site -- including reproduction for purposes other than noted above, modification, distribution, or reproduction -- without the prior written permission of Joss & Main, is strictly prohibited.
12. Warranties and Disclaimers
Joss & Main intends for the information and data contained in the Site or provided via other channels, including but not limited
to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources,
it is provided "AS IS." You expressly agree that your use of this site is at your sole risk.
JOSS & MAIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
IN NO EVENT SHALL Joss & Main OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Joss & main HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT APPLICABLE LAW IS INCONSISTENT WITH A PRECLUSION OF SUCH CLAIMS YOU AGREE THAT THE MAXIMUM VALUE OR ALL SUCH CLAIMS SHALL NOT EXCEED THE AMOUNTS YOU PAY TO JOSS & MAIN OR $50, WHICHEVER IS GREATER.
14. Limited Time to Bring Your Claim
You and Joss & Main agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Applicable Law
16. Binding Arbitration
16.1. Purpose. If you have a Dispute (as defined below) with Joss & Main that cannot be resolved through an informal dispute resolution with Joss & Main, you or Joss & Main may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
16.2. Definitions. The term "Dispute" means any dispute, claim, or controversy between you and Joss & Main regarding any aspect of your relationship with Joss & Main, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the class action waiver clause provided in paragraph 16.6). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, "Joss & Main" means Joss & Main and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
16.3. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY JOSS & MAIN IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY MAIL TO WAYFAIR, ATTN: JOSS & MAIN OPT OUT, 100 HUNTINGTON AVENUE, 4 COPLEY PLACE, SUITE 7000, BOSTON, MA 02116. YOUR WRITTEN NOTIFICATION TO JOSS & MAIN MUST INCLUDE YOUR NAME, ADDRESS AND JOSS & MAIN ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH JOSS & MAIN THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH JOSS & MAIN OR THE DELIVERY OF SERVICES TO YOU BY JOSS & MAIN. IF YOU HAVE PREVIOUSLY NOTIFIED JOSS & MAIN OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
16.4. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Joss & Main elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
16.5. Arbitration Procedures. Because the Service(s) provided to you by Joss & Main concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from Joss & Main may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Arbitration Provision.
If there is a conflict between this Arbitration Provision and the rules of the arbitration organization chosen, this Arbitration Provision shall govern. If the arbitration organization that you select will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Joss & Main. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
16.6. Restrictions: ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION 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 SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
16.7. Location of Arbitration. The arbitration will take place in the City of Boston, Commonwealth of Massachusetts.
16.8. Payment of Arbitration Fees and Costs. JOSS & MAIN WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN JOSS & MAIN'S FAVOR, YOU SHALL REIMBURSE JOSS & MAIN FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE JOSS & MAIN FOR ANY OF THE FEES AND COSTS ADVANCED BY JOSS & MAIN. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, JOSS & MAIN WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
16.9. Severability. If any clause within this Arbitration Provision (other than the class action waiver clause identified in paragraph
13(f)(2)) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of
this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or
unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court.
In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Joss & Main have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
16.10. Exclusions from Arbitration. YOU AND JOSS & MAIN AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY JOSS & MAIN THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
16.11. Continuation. This Arbitration Provision shall survive the termination of your membership with Joss & Main.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Joss & Main's designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Joss & Main that your copyrighted material has been infringed.
Joss & Main's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Joss & Main LLC
Attn: Joss & Main Copyright Agent
4 Copley Place, Floor 7
Boston, MA 02116
Email: Email Us. (please reference "Joss & Main DMCA Notice")