Terms and Agreements
These Terms of Use are effective as of, and were last updated on, September 5, 2019
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE
AGREEMENT OR THE PROPERTIES, PLEASE CONTACT CUSTOMER SERVICE BY EMAIL
(CUSTOMERSERVICE@JHDESIGNGROUP.NET) OR PHONE(213-747-5700)
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT
GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE
STORE WILL BE RESOLVED FOR EXAMPLE, SECTION 21 CONTAINS AN ARBITRATION
AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE
INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH
ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF
OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Warranty Disclaimers and liability limitations. While there are significant points throughout these
Terms, please note Section 16 and 17 contain important limitations on our liability.
The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and
your access to and use of this website, www.shopjh.com, including the mobile version (collectively, the
"Website"), and our mobile application (the "App"), if applicable, in each case regardless of how
accessed (collectively, the Website and the App are referred to as the "Properties"). The Properties are
owned and operated by JH Design Group, Inc., and/or its affiliates ("JH," "we", "us", "our"). Your use of
the Properties (and any other feature, content or application offered by the Properties) is at all times
subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and
regulations. Please read these Terms of Use carefully. If you are dissatisfied with these Terms of Use
or the Properties or any material on the Properties, your sole and exclusive remedy is to discontinue
using the Properties
1. Acceptance of Terms of Use. BY ACCESSING AND USING THE PROPERTIES, YOU AGREE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE
TERMS OF USE. If you do not agree to be bound by these terms of use, you may not access or use
the Properties. These Terms of Use may be changed, modified, or altered by us in our sole discretion
at any time without prior notice. If we materially change the Terms of Use, we will notify you through a
notice, updated Terms of Use on the Properties or by email (sent to the email address specified in
your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you
access or use the Properties, you should check the date of the Terms of Use and be aware of any
changes since the last version. Your continued use of the Properties following the posting of any
changes to these Terms of Use means that you accept such changes. Your access to and use of the
Properties will be governed by the Terms of Use in effect at the time of such access or use.
2. Other Sources of Terms and Conditions; Promotions and Coupons. Certain provision of the
Terms of Use may be superseded by expressly designated legal notices, rules or other terms located
on particular pages of the Properties, and, additionally in order to participate in or use certain services,
promotions, discounts or coupons that may be run from time to time with respect to the Properties
("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional
Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or
participating third parties, such as the vendors or other merchants that issued, sponsored, or are
associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the
Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or
delivery times may be modified or not available in connection with an Offer. Your redemption of the
Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there
is an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall
control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of
clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms
does not constitute a conflict.
If an Offer does not contain Additional Terms, then only these Terms of Use apply. Under these
Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the Property identified
in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or
services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household,
or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be
combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one
year from the date of issue or the date required by applicable law, and (i) cannot be reproduced,
modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value
added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher
with a promotional value beyond the amount paid, you may redeem the voucher for the promotional
value until the expiration date, or for the amount paid after the end of the applicable promotional
period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior
notice, even after you have attempted to redeem the Offer or placed your associated order.
3. Use of the Properties. The content and information posted by us on the Properties may be used
only for informational, personal or other purposes authorized by us. By accessing and using the
Properties, you represent and warrant that: (a) all information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your
use of the Properties does not violate any applicable law, rule or regulation. While we sell
merchandise for children's use, this merchandise is intended for sale only to adults. The Properties
are general use sites and not targeted toward children under the age of 13. The Properties are
intended for use by residents of the United States or non-residents that agree to use the Properties in
accordance with U.S. laws, these Terms of Use and the Privacy Policy.
4. Unauthorized Use. You may not use the Properties for any unauthorized use or for any illegal or
unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and
automatically terminate your right to use and access the Properties and may subject you to legal
liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Properties.
We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized,
illegal or unlawful use of the Properties include, but are not limited to:
● Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any
content or material (including, by way of example, images and text), in whole or in part,
from/on the Properties without our prior written consent;
● Collecting usernames and/or email addresses of users for the purpose of sending
unsolicited email;
● Using a framing or similar technique without our prior written permission;
● Creating or maintaining any link from another website to any page on the Properties without
our prior written permission;
● Criminal or tortious activity, including fraud, spamming, spimming (spam by instant
message), sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
● Covering or obscuring the banner advertisements on the Properties, if any, via HTML/CSS
or any other means;
● Any automated use of any system, such as using scripts to alter content;
● Interfering with, disrupting, or burdening the Properties or the networks, systems or services
connected to the Properties;
● Using any automated system or software to extract data from the Properties for commercial
purposes (including "screen scraping");
● Attempting to impersonate another user or person at checkout or otherwise;
● Using the account, username, or password of another user or disclosing your password, as
applicable, to any third party or permitting any third party to access your account;
● Displaying an advertisement, or accepting payment or anything of value from a third person
in exchange for your performing any commercial activity on or through the Properties on
behalf of that person, such as placing commercial content on the Properties;
● Using the Properties for any harassing, threatening, libelous, abusive, obscene or privacy-
invading purposes; or
● Using the Properties in a manner inconsistent with any applicable law, rule or regulation.
5. Links to Third Party Sites; Advertisers. The Properties may provide you with links or other
access to other websites, services, products or content of third parties, including the Other Platforms,
as defined in Section 9 below ("Third Party Sites"). We have no control over, and do not necessarily
endorse, any Third Party Site's services, products or content. You acknowledge and agree that you
access such Third Party Sites at your own risk and are wholly responsible for making your own
independent judgment regarding your use or interaction with the same. We recommend that you read
the terms of use and privacy policies of each Third-Party Site that you access.
6. Privacy Policy. You agree to our collection, use and sharing of your information, including personal
information, as set forth in our Privacy Policy ("Privacy Policy"). All provisions of the Privacy Policy are
incorporated by reference herein.
7. Products, Content and Specifications. The inclusion of any products or services on the
Properties does not imply or warrant that these products or services will be available at any particular
time or that the listed attributes are accurate or complete. The actual color of products you see will
depend in part on your computer system, and we cannot guarantee any color or texture or detail of
actual products will be accurate. We do not endorse and have not verified the accuracy or reliability
of any opinion or statement made on the Properties by any third party, including but not limited to
customers, or suppliers of products and services sold through the Properties, and product packaging
and material may contain additional or different information. Always read labels, warnings, directions
or other materials provided with the product before using. In addition, we may make changes to
information about price, availability or other product attributes without notice. In the event a product is
listed at an incorrect price due to typographical error or error in pricing or other information, we will
have the right to cancel orders of any such product, whether or not the order has been confirmed
and/or your credit card or other payment method has been charged. If your credit card has already
been charged for the purchase and your order is cancelled, we will refund any such charges within a
commercially reasonable period of time after cancellation (the time it takes for your financial institution
to process the refund may vary and is governed by your agreement with them).
8. Placing an Order; Limitations; Order Acceptance. By placing an order, you agree that the
products ordered are legal to possess and use where you intend to possess and use them and will be
possessed or used only in a lawful manner, in accordance with all applicable laws, rules and
regulations, including copyright law and that you have the right to use any payment method that you
provide to use. You may not order products with the intent to resell them.
We reserve the right, without prior notice, to limit the order quantity on any product or service, to
refuse service to any customer, or to cancel any order, for any reason including after it is submitted.
We also may require additional verifications or other information prior to the acceptance and/or
shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon
shipment of the product. With respect to the shipment of products and services sold through the
Properties, risk of loss and title for items purchased from the Properties pass to you upon delivery of
the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost
shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to the possession or use of any
item purchased from the Properties.
9. Property; Intellectual Property. All content of the Properties (including, without limitation, text,
graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws.
Names, logos, taglines, icons and marks on the Properties are the exclusive property of JH Design
Group, Inc. and/or one of its affiliates, all rights reserved, and may not be used by you without our
prior written permission. Unless otherwise indicated, all other intellectual property appearing on the
Properties is the property of its respective owner. We reserve all rights not expressly granted in and to
the Properties' content and services.
10. User-Generated Content. Users may be able to post content in certain areas on the Properties or
on other websites or platforms that we own or operate, including on social media platforms such as
Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any
content (including, without limitation, photos, artwork, videos, text, graphics, and other information)
you upload, post, display or otherwise provide to us through the Properties or Other Platforms ("User
Content"). Any User Content you post or provide, including any questions, reviews, comments and
suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us,
you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy,
reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content,
and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any
ideas, concepts, know-how or techniques contained in such User Content for any purpose
whatsoever, including, without limitation, developing, manufacturing and marketing products and
services which incorporate such User Content. You further agree that this means that any User
Content may appear on sites other than the Property through which you submitted your User Content
including but not limited to Other Platforms. You represent and warrant that: (a) you own the User
Content posted by you on the Properties or otherwise have the right to grant the license set forth in
this Section 9; (b) your User Content does not violate the privacy rights, publicity rights, intellectual
property rights, or any other rights of any person or entity; and (c) the posting of User Content on the
Properties does not result in a breach of any contract between you and a third party. You agree that
you will not use a false or misleading email address, impersonate another person or entity or
otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other
monies owing to any person by reason of any User Content you post on the Properties. We are
under no obligation to screen or monitor User Content but may review User Content from time to time
at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post,
edit or remove any User Content at any time without notice, for any or no reason.
11. Digital Millennium Copyright Act (DMCA) Notice. Materials (including User Content) may be
made available via the Properties by users and other third parties not within our control. We are under
no obligation to, and do not, scan content posted on the Properties for the inclusion of illegal or
impermissible content. However, we respect the copyright interests of others. It is our policy not to
permit materials known by us to infringe another party's copyright to remain on the Properties.
If you believe any materials on the Properties infringe a copyright, you should provide us with written
notice that at a minimum contains:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online website are covered by a single notification, a
representative list of such works at that website;
● Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
● Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
JH Design Group
940 W. Washington Blvd.
Los Angeles, CA 90015
Attn: Legal Department
OR
customerservice@jhdesigngroup.net with the subject line DMCA.
12. No Ideas Accepted. We do not accept any unsolicited ideas to this Website from outside JH
including without limitation suggestions about advertising or promotions, or merchandising of any
products, additions to our services, or changes in methods of doing business. We may already be
working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an
unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in
confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us
an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property
in any manner, in any medium now known or hereafter developed, without compensation to you.
13. Termination of Access and/or Account. YOUR USE OF THE PROPERTIES IS AT YOUR
SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND
ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED, THESE PROPERTIES ARE MADE AVAILABLE TO YOU
"AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR
SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. THIS DISCLAIMER
CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
14. Term. These Terms of Use shall remain in full force and effect while you use or access the
Properties or have an account with the Properties. See our Privacy Policy for instructions on how to
modify or delete your account. Sections 2, 6 and 11-20, together with all other terms that reasonably
may be interpreted as surviving, shall survive any termination of these Terms of Use.
15. Indemnity. You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and
licensors and each of our respective officers, agents, partners and employees (the "JH Parties")
harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or
arising out of (1) your use of the Properties in violation of these Terms of Use and/or arising from a
breach of these Terms of Use (including, without limitation, any breach of your representations and
warranties set forth herein) (2) any allegation that any content or other material you have submitted or
transmitted to the Properties infringe, misappropriate or otherwise violate the copyright, trademark,
trade secret or other rights of any party; (3) your violation of applicable law, and / or (4) your activities
or omissions in connection with the Properties.
16. DISCLAIMER OF WARRANTIES. YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING
WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF
THE PROPERTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF
USE, THESE PROPERTIES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE
ON OR ACCESSED THROUGH THE PROPERTIES, ARE MADE AVAILABLE TO YOU "AS IS"
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES,
THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH
THE PROPERTIES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
PROPERTIES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
PROPERTIES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE
LIABLE FOR THE USE OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THESE TERMS.
17. LIMITATION ON LIABILITY. IN NO EVENT SHALL THE JH PARTIES BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF
REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING
FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE PROPERTIES, OR THE
PRODUCTS OR SERVICES AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE JH
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE JH PARTIES BE LIABLE FOR
ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR
PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE
HUNDRED UNITED STATES DOLLARS.
18. Third Party Transactions. Through your use of the Properties, you may have the opportunity to
engage in commercial or other transactions with other users, vendors and other third parties. You
acknowledge that all transactions relating to any merchandise or services offered by any third party,
including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to solely between the third party seller or
purchaser of such merchandise and services and you, and that you will look solely to such third party
to enforce any of your rights. In the event of any problem with the products or services that you have
purchased from a third party you agree that you will address such issues with the third party. We may
not have the ability to accept returns or refund the purchase price for any transaction you complete
with a third party through our Properties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION
WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR
THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD
PARTY AND NOT BY US
19. U.S. Export Controls. Software made available to you by the Properties (the "Software"), if any,
is subject to U.S. export controls. No Software may be downloaded from the Properties or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your
sole risk.
20. Governing Law. These Terms of Use and your use of the Properties will be governed by federal
and California law, regardless of the conflict of law provisions thereof and regardless of where you live
or from where you access or use the Properties.
21. Arbitration; No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT. Use or accessing the Properties or Offers constitutes your acceptance of
this Arbitration provision.
As a condition of using the Properties, you and we agree that any and all disputes, claims and causes
of action (collectively, "Claims") arising out of or connected with the Properties (except for small
claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules
of the American Arbitration Association ("AAA"), including the Supplementary Procedures for
Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal
Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS
UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE
RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF
OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR
REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM
PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C)
EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL
PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although
court review of an arbitration award may be limited, an arbitrator is empowered to award the same
damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the
foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any
court of competent jurisdiction.
Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by
AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for
instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was
frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from
you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an
award and any judgment confirming it only applies to the arbitration in which it was awarded and
cannot be used in any other proceeding except to enforce the award itself and any post-arbitration
action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be
brought exclusively in the courts of the State of California, or the United States District Court for the
District of California. For any Claims that are not subject to arbitration, if any: (a) the exclusive
jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction
sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any
such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b)
you and we waive any and all rights to trial by jury with respect to any Claims.
22. Miscellaneous. We may give you notice of certain events from time to time. You hereby
acknowledge and consent that such notices will be effective upon our posting them on the Properties
or (if we choose to do so in our sole discretion) delivering them to you through email if you have
provided us with your accurate email address. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in
these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of
Use and your account on the Properties are personal to you and may not be transferred or assigned.
Our performance under these Terms of Use is subject to existing laws and legal process, and nothing
contained in these Terms of Use is in derogation of our right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Properties or information
provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to
be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms of Use shall be unaffected and shall continue to be
fully valid, binding, and enforceable. These Terms of Use, together with any additional terms and
conditions or policies referred to and incorporated herein (including the Privacy Policy and/or
additional terms applicable to various parts of the Properties), constitute the entire understanding
between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent
permitted by law.
23. Contact Information. JH Design Group, Inc., 940 W. Washington Blvd. Los Angeles, CA 90015
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE
AGREEMENT OR THE PROPERTIES, PLEASE CONTACT CUSTOMER SERVICE BY EMAIL
(CUSTOMERSERVICE@JHDESIGNGROUP.NET) OR PHONE(213-747-5700)
NOTICE REGARDING DISPUTE RESOLUTION. THESE TERMS CONTAIN TERMS THAT
GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR USE OF THE ONLINE
STORE WILL BE RESOLVED FOR EXAMPLE, SECTION 21 CONTAINS AN ARBITRATION
AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE
INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH
ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF
OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Warranty Disclaimers and liability limitations. While there are significant points throughout these
Terms, please note Section 16 and 17 contain important limitations on our liability.
The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and
your access to and use of this website, www.shopjh.com, including the mobile version (collectively, the
"Website"), and our mobile application (the "App"), if applicable, in each case regardless of how
accessed (collectively, the Website and the App are referred to as the "Properties"). The Properties are
owned and operated by JH Design Group, Inc., and/or its affiliates ("JH," "we", "us", "our"). Your use of
the Properties (and any other feature, content or application offered by the Properties) is at all times
subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and
regulations. Please read these Terms of Use carefully. If you are dissatisfied with these Terms of Use
or the Properties or any material on the Properties, your sole and exclusive remedy is to discontinue
using the Properties
1. Acceptance of Terms of Use. BY ACCESSING AND USING THE PROPERTIES, YOU AGREE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE
TERMS OF USE. If you do not agree to be bound by these terms of use, you may not access or use
the Properties. These Terms of Use may be changed, modified, or altered by us in our sole discretion
at any time without prior notice. If we materially change the Terms of Use, we will notify you through a
notice, updated Terms of Use on the Properties or by email (sent to the email address specified in
your account, if any), prior to or upon the change(s) becoming effective. Accordingly, when you
access or use the Properties, you should check the date of the Terms of Use and be aware of any
changes since the last version. Your continued use of the Properties following the posting of any
changes to these Terms of Use means that you accept such changes. Your access to and use of the
Properties will be governed by the Terms of Use in effect at the time of such access or use.
2. Other Sources of Terms and Conditions; Promotions and Coupons. Certain provision of the
Terms of Use may be superseded by expressly designated legal notices, rules or other terms located
on particular pages of the Properties, and, additionally in order to participate in or use certain services,
promotions, discounts or coupons that may be run from time to time with respect to the Properties
("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional
Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or
participating third parties, such as the vendors or other merchants that issued, sponsored, or are
associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the
Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or
delivery times may be modified or not available in connection with an Offer. Your redemption of the
Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there
is an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall
control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of
clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms
does not constitute a conflict.
If an Offer does not contain Additional Terms, then only these Terms of Use apply. Under these
Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the Property identified
in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or
services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household,
or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be
combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one
year from the date of issue or the date required by applicable law, and (i) cannot be reproduced,
modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value
added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher
with a promotional value beyond the amount paid, you may redeem the voucher for the promotional
value until the expiration date, or for the amount paid after the end of the applicable promotional
period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior
notice, even after you have attempted to redeem the Offer or placed your associated order.
3. Use of the Properties. The content and information posted by us on the Properties may be used
only for informational, personal or other purposes authorized by us. By accessing and using the
Properties, you represent and warrant that: (a) all information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your
use of the Properties does not violate any applicable law, rule or regulation. While we sell
merchandise for children's use, this merchandise is intended for sale only to adults. The Properties
are general use sites and not targeted toward children under the age of 13. The Properties are
intended for use by residents of the United States or non-residents that agree to use the Properties in
accordance with U.S. laws, these Terms of Use and the Privacy Policy.
4. Unauthorized Use. You may not use the Properties for any unauthorized use or for any illegal or
unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and
automatically terminate your right to use and access the Properties and may subject you to legal
liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Properties.
We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized,
illegal or unlawful use of the Properties include, but are not limited to:
● Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any
content or material (including, by way of example, images and text), in whole or in part,
from/on the Properties without our prior written consent;
● Collecting usernames and/or email addresses of users for the purpose of sending
unsolicited email;
● Using a framing or similar technique without our prior written permission;
● Creating or maintaining any link from another website to any page on the Properties without
our prior written permission;
● Criminal or tortious activity, including fraud, spamming, spimming (spam by instant
message), sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
● Covering or obscuring the banner advertisements on the Properties, if any, via HTML/CSS
or any other means;
● Any automated use of any system, such as using scripts to alter content;
● Interfering with, disrupting, or burdening the Properties or the networks, systems or services
connected to the Properties;
● Using any automated system or software to extract data from the Properties for commercial
purposes (including "screen scraping");
● Attempting to impersonate another user or person at checkout or otherwise;
● Using the account, username, or password of another user or disclosing your password, as
applicable, to any third party or permitting any third party to access your account;
● Displaying an advertisement, or accepting payment or anything of value from a third person
in exchange for your performing any commercial activity on or through the Properties on
behalf of that person, such as placing commercial content on the Properties;
● Using the Properties for any harassing, threatening, libelous, abusive, obscene or privacy-
invading purposes; or
● Using the Properties in a manner inconsistent with any applicable law, rule or regulation.
5. Links to Third Party Sites; Advertisers. The Properties may provide you with links or other
access to other websites, services, products or content of third parties, including the Other Platforms,
as defined in Section 9 below ("Third Party Sites"). We have no control over, and do not necessarily
endorse, any Third Party Site's services, products or content. You acknowledge and agree that you
access such Third Party Sites at your own risk and are wholly responsible for making your own
independent judgment regarding your use or interaction with the same. We recommend that you read
the terms of use and privacy policies of each Third-Party Site that you access.
6. Privacy Policy. You agree to our collection, use and sharing of your information, including personal
information, as set forth in our Privacy Policy ("Privacy Policy"). All provisions of the Privacy Policy are
incorporated by reference herein.
7. Products, Content and Specifications. The inclusion of any products or services on the
Properties does not imply or warrant that these products or services will be available at any particular
time or that the listed attributes are accurate or complete. The actual color of products you see will
depend in part on your computer system, and we cannot guarantee any color or texture or detail of
actual products will be accurate. We do not endorse and have not verified the accuracy or reliability
of any opinion or statement made on the Properties by any third party, including but not limited to
customers, or suppliers of products and services sold through the Properties, and product packaging
and material may contain additional or different information. Always read labels, warnings, directions
or other materials provided with the product before using. In addition, we may make changes to
information about price, availability or other product attributes without notice. In the event a product is
listed at an incorrect price due to typographical error or error in pricing or other information, we will
have the right to cancel orders of any such product, whether or not the order has been confirmed
and/or your credit card or other payment method has been charged. If your credit card has already
been charged for the purchase and your order is cancelled, we will refund any such charges within a
commercially reasonable period of time after cancellation (the time it takes for your financial institution
to process the refund may vary and is governed by your agreement with them).
8. Placing an Order; Limitations; Order Acceptance. By placing an order, you agree that the
products ordered are legal to possess and use where you intend to possess and use them and will be
possessed or used only in a lawful manner, in accordance with all applicable laws, rules and
regulations, including copyright law and that you have the right to use any payment method that you
provide to use. You may not order products with the intent to resell them.
We reserve the right, without prior notice, to limit the order quantity on any product or service, to
refuse service to any customer, or to cancel any order, for any reason including after it is submitted.
We also may require additional verifications or other information prior to the acceptance and/or
shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance
of your order, nor does it constitute confirmation of our offer to sell. We accept your order only upon
shipment of the product. With respect to the shipment of products and services sold through the
Properties, risk of loss and title for items purchased from the Properties pass to you upon delivery of
the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost
shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and
international laws (including minimum age requirements) in regard to the possession or use of any
item purchased from the Properties.
9. Property; Intellectual Property. All content of the Properties (including, without limitation, text,
graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws.
Names, logos, taglines, icons and marks on the Properties are the exclusive property of JH Design
Group, Inc. and/or one of its affiliates, all rights reserved, and may not be used by you without our
prior written permission. Unless otherwise indicated, all other intellectual property appearing on the
Properties is the property of its respective owner. We reserve all rights not expressly granted in and to
the Properties' content and services.
10. User-Generated Content. Users may be able to post content in certain areas on the Properties or
on other websites or platforms that we own or operate, including on social media platforms such as
Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any
content (including, without limitation, photos, artwork, videos, text, graphics, and other information)
you upload, post, display or otherwise provide to us through the Properties or Other Platforms ("User
Content"). Any User Content you post or provide, including any questions, reviews, comments and
suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us,
you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy,
reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content,
and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any
ideas, concepts, know-how or techniques contained in such User Content for any purpose
whatsoever, including, without limitation, developing, manufacturing and marketing products and
services which incorporate such User Content. You further agree that this means that any User
Content may appear on sites other than the Property through which you submitted your User Content
including but not limited to Other Platforms. You represent and warrant that: (a) you own the User
Content posted by you on the Properties or otherwise have the right to grant the license set forth in
this Section 9; (b) your User Content does not violate the privacy rights, publicity rights, intellectual
property rights, or any other rights of any person or entity; and (c) the posting of User Content on the
Properties does not result in a breach of any contract between you and a third party. You agree that
you will not use a false or misleading email address, impersonate another person or entity or
otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other
monies owing to any person by reason of any User Content you post on the Properties. We are
under no obligation to screen or monitor User Content but may review User Content from time to time
at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post,
edit or remove any User Content at any time without notice, for any or no reason.
11. Digital Millennium Copyright Act (DMCA) Notice. Materials (including User Content) may be
made available via the Properties by users and other third parties not within our control. We are under
no obligation to, and do not, scan content posted on the Properties for the inclusion of illegal or
impermissible content. However, we respect the copyright interests of others. It is our policy not to
permit materials known by us to infringe another party's copyright to remain on the Properties.
If you believe any materials on the Properties infringe a copyright, you should provide us with written
notice that at a minimum contains:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online website are covered by a single notification, a
representative list of such works at that website;
● Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
● Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
JH Design Group
940 W. Washington Blvd.
Los Angeles, CA 90015
Attn: Legal Department
OR
customerservice@jhdesigngroup.net with the subject line DMCA.
12. No Ideas Accepted. We do not accept any unsolicited ideas to this Website from outside JH
including without limitation suggestions about advertising or promotions, or merchandising of any
products, additions to our services, or changes in methods of doing business. We may already be
working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an
unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in
confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us
an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property
in any manner, in any medium now known or hereafter developed, without compensation to you.
13. Termination of Access and/or Account. YOUR USE OF THE PROPERTIES IS AT YOUR
SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND
ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED, THESE PROPERTIES ARE MADE AVAILABLE TO YOU
"AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR
SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. THIS DISCLAIMER
CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
14. Term. These Terms of Use shall remain in full force and effect while you use or access the
Properties or have an account with the Properties. See our Privacy Policy for instructions on how to
modify or delete your account. Sections 2, 6 and 11-20, together with all other terms that reasonably
may be interpreted as surviving, shall survive any termination of these Terms of Use.
15. Indemnity. You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and
licensors and each of our respective officers, agents, partners and employees (the "JH Parties")
harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or
arising out of (1) your use of the Properties in violation of these Terms of Use and/or arising from a
breach of these Terms of Use (including, without limitation, any breach of your representations and
warranties set forth herein) (2) any allegation that any content or other material you have submitted or
transmitted to the Properties infringe, misappropriate or otherwise violate the copyright, trademark,
trade secret or other rights of any party; (3) your violation of applicable law, and / or (4) your activities
or omissions in connection with the Properties.
16. DISCLAIMER OF WARRANTIES. YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING
WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF
THE PROPERTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF
USE, THESE PROPERTIES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE
ON OR ACCESSED THROUGH THE PROPERTIES, ARE MADE AVAILABLE TO YOU "AS IS"
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES,
THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH
THE PROPERTIES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
PROPERTIES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
PROPERTIES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE
LIABLE FOR THE USE OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THESE TERMS.
17. LIMITATION ON LIABILITY. IN NO EVENT SHALL THE JH PARTIES BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF
REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING
FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE PROPERTIES, OR THE
PRODUCTS OR SERVICES AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE JH
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE JH PARTIES BE LIABLE FOR
ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR
PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE
HUNDRED UNITED STATES DOLLARS.
18. Third Party Transactions. Through your use of the Properties, you may have the opportunity to
engage in commercial or other transactions with other users, vendors and other third parties. You
acknowledge that all transactions relating to any merchandise or services offered by any third party,
including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to solely between the third party seller or
purchaser of such merchandise and services and you, and that you will look solely to such third party
to enforce any of your rights. In the event of any problem with the products or services that you have
purchased from a third party you agree that you will address such issues with the third party. We may
not have the ability to accept returns or refund the purchase price for any transaction you complete
with a third party through our Properties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION
WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR
THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD
PARTY AND NOT BY US
19. U.S. Export Controls. Software made available to you by the Properties (the "Software"), if any,
is subject to U.S. export controls. No Software may be downloaded from the Properties or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your
sole risk.
20. Governing Law. These Terms of Use and your use of the Properties will be governed by federal
and California law, regardless of the conflict of law provisions thereof and regardless of where you live
or from where you access or use the Properties.
21. Arbitration; No Class Action. PLEASE READ THIS SECTION CAREFULLY. IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT. Use or accessing the Properties or Offers constitutes your acceptance of
this Arbitration provision.
As a condition of using the Properties, you and we agree that any and all disputes, claims and causes
of action (collectively, "Claims") arising out of or connected with the Properties (except for small
claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules
of the American Arbitration Association ("AAA"), including the Supplementary Procedures for
Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal
Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS
UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE
RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF
OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR
REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM
PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C)
EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL
PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although
court review of an arbitration award may be limited, an arbitrator is empowered to award the same
damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the
foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any
court of competent jurisdiction.
Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by
AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for
instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was
frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from
you for our attorneys' fees and costs associated with the arbitration. You and we further agree that an
award and any judgment confirming it only applies to the arbitration in which it was awarded and
cannot be used in any other proceeding except to enforce the award itself and any post-arbitration
action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be
brought exclusively in the courts of the State of California, or the United States District Court for the
District of California. For any Claims that are not subject to arbitration, if any: (a) the exclusive
jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction
sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any
such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b)
you and we waive any and all rights to trial by jury with respect to any Claims.
22. Miscellaneous. We may give you notice of certain events from time to time. You hereby
acknowledge and consent that such notices will be effective upon our posting them on the Properties
or (if we choose to do so in our sole discretion) delivering them to you through email if you have
provided us with your accurate email address. Our failure to exercise or enforce any right or provision
of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in
these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of
Use and your account on the Properties are personal to you and may not be transferred or assigned.
Our performance under these Terms of Use is subject to existing laws and legal process, and nothing
contained in these Terms of Use is in derogation of our right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Properties or information
provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to
be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms of Use shall be unaffected and shall continue to be
fully valid, binding, and enforceable. These Terms of Use, together with any additional terms and
conditions or policies referred to and incorporated herein (including the Privacy Policy and/or
additional terms applicable to various parts of the Properties), constitute the entire understanding
between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent
permitted by law.
23. Contact Information. JH Design Group, Inc., 940 W. Washington Blvd. Los Angeles, CA 90015