1. USE OF THE WEBSITE
By accessing the website, you warrant and represent to Telebrands Corp. (referred to as “website owner” or “Telebrands”) that you are legally entitled to do so and to make use of information made available via the website.
2. TRADEMARKS & COPYRIGHT
The trademarks, copyrights, names, logos, and service marks (collectively “trademarks & copyrights”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademarks & copyrights without the prior written permission of the website owner. Any unauthorized use of trademarks & copyrights will be subject to legal action.
3. EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
SEE SECTION 12 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 3.
The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law, or residual) regarding the website. However, if expressed on the website, the website owner may offer warrantees or guarantees on products delivered.
5. ORDERING PROCESS
Once credit card information is entered, the website owner may present additional offers to you. Affirmative answers to each of these additional offers presented will result in the modification of the original order and the charging of your credit card for the total amount of products or services accepted by you during this process. A confirmation page with the complete order (including additional offers) will be displayed. Hitting the “Back” button of your browser during the ordering process may reset your order to the initial offer presented on the website.
6. DISCLAIMER OF LIABILITY
The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to the purchase or use of any products from this website, your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
SEE SECTION 12 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.
7. CONFLICT OF TERM
If there is a conflict or contradiction between the provisions of these website Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Any provision of any relevant Terms and Conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant Terms and Conditions, policies and notices shall remain in full force and effect.
9. APPLICABLE LAWS
These Terms and Conditions shall in all respects be governed by the laws of the state of New Jersey, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The offer and acceptance of these Terms and Conditions are deemed to have occurred in the State of New Jersey. You agree to personal jurisdiction by and venue in state and federal courts located in Essex County, New Jersey.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 12.
10. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and Telebrands agree that any legal or equitable claim relating to use of this website or the use or purchase of any products from this website (referred to as a “Claim”) will be resolved as follows:
A. Informal Resolution
You and Telebrands will first attempt to resolve any Claim informally. In the event that any dispute between Telebrands and you arises out of or relates to these Terms and Conditions, the applicability of these Terms and Conditions to the use of this website, use or purchase of any products from this website, or to breach or enforcement, interpretation or validity of these Terms and Conditions, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to email@example.com.
B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms and Conditions, the applicability of these Terms and Conditions as to the use of this website, use or purchase of any products from this website, or to breach or enforcement, interpretation or validity of these Terms and Conditions, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.
If you and Telebrands cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Telebrands understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Telebrands each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.
The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms and Conditions. If there is a conflict between JAMS Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Telebrands agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and Telebrands agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and Telebrands both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Telebrands must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:
620 Eighth Ave.,
New York, NY 10018
(3) Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Telebrands shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Telebrands agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms and Conditions, you may assert an individual Claim in small claims court in lieu of Arbitration.
11. LIMITED TIME TO FILE CLAIMS
You agree that you will assert any Claim arising out of your use of this website within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 12 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
12. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey resident or otherwise have rights under New Jersey’s consumer protection laws, the terms of Sections 3, 6, 9, and 11 do not limit or waive your rights under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Telebrands reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Subsection 10(B) (“Formal Resolution by Arbitration/Class Action Waiver”).