Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully before using the mypostscript.com website (“Website”), or any associated service or product.

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all customers, members, visitors, users, agents, designated gift beneficiaries, and others who wish to access or use the Website (hereinafter, “you” or “your”).

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet all of these requirements, you must not access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Website.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION BELOW. BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS, OR OTHERWISE ACCESSING THE WEBSITE AND/OR ANY OF OUR SERVICES OF PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE UNWILLING TO AGREE TO THESE TERMS, DO NOT ACCESS THE WEBSITE, MAKE ANY PURCHASE OR OTHERWISE USE THE WEBSITE.

1.  Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. By using the Website, you consent to receiving electronic communications from us and that any notices, agreements, disclosures, or other communications we send to you will satisfy any applicable legal requirements including any requirement that communications be in writing.

2.  Communications 

By creating an account or otherwise using or accessing the Website, you agree to receive communications from us including marketing or promotional materials and other information we may send. You may also receive emails relating to your purchases and future fulfillment of any purchases. You may opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send you. However, if you opt out of some or all of our communications, it may impact our ability to process and fulfill your order. We are not responsible for our inability to process orders due to your unsubscribing from our communications.

Upon notification from your Legacy Agent(s) (as defined below) of your passing, we will contact your designated Beneficiary (as defined below) who must consent to receiving any product or service that you have purchased for his or her benefit. You agree that the fulfillment of any order and corresponding delivery of any product or service is contingent on your Beneficiary providing his or her consent.

3.  Taxes 

To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase and use of the Website. We will collect applicable taxes, sales or otherwise, if we determine we have a legal obligation to do so.

4.  Fees; Fee Changes and Availability 

You agree that fees you pay us for goods and services consist of two components: a) payment for our commitment to procure and deliver those goods and services, and the use of the Website to do so; and b) the actual cost of the underlying goods and services. That portion of fees you pay to us related to the actual cost of the underlying goods and services will be deposited into a trust account to ensure that we are able to deliver the goods or services after we receive notification of your passing.

In our sole discretion and at any time, we may modify prices of goods or services.

Any product, service, or other item offered for sale through the Website is subject to availability, and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue specific offerings without prior notice. If an item becomes unavailable after your purchase, we may replace your original order with a substantially similar product or service at our sole discretion.

5.  Order Cancellation; Refunds 

Absent specific language provided at the time of your purchase, you may cancel your order for a partial refund at any time before we initiate our order fulfilment process. Your refund will be in the form of a credit to be used for a future purchase of goods and/or services on the Website as follows:

You may cancel e-Card, Card, and PS Message orders and receive a general site credit in the amount of 50% of the item purchase price.

You may cancel PostScript Gifts orders and receive a general site credit in the amount of 50% of the purchase price of the item. In that event, you will also receive a 100% limited site credit for the Forever Promise fee, which is limited to application toward the cost of a replacement Forever Promise fee.

The Concierge access fee is non-refundable, but will be applied towards the cost of any purchased PostScript Concierge service. Refunds of purchased PostScript Concierge services will be on a case-by-case basis with terms formalized in the Concierge Service Agreement.

6.  Your Beneficiary(ies) and Legacy Agent(s) 

Any person you designate to receive any card, gift, message, or other product or service from PostScript will be called a “Beneficiary.” Because we provide products and services on your behalf and to your Beneficiary after your death, it is imperative that you identify one or more agents to notify us of your passing (each a “Legacy Agent”) and maintain accurate contact information for this Legacy Agent throughout your lifetime. Your Legacy Agent’s primary function is to inform us of your passing, so that we can begin to implement your instructions for the benefit of your Beneficiary. Identifying and maintaining a reliable Legacy Agent is your responsibility. Your Legacy Agent must open and maintain an account on the Website and consent to these Terms to serve you in this capacity. It is your responsibility to notify your Legacy Agent of this obligation.

7.  Intellectual Property Rights; User Content 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Materials”) are owned by us, our licensors, or other providers of such Materials, and are protected by United States and other international copyright, trademark, patent, trade secret, and other laws governing intellectual property and proprietary rights.

These Terms permit you to use the Website and the Materials for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:

• Your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any Materials from the Website;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any products, services, or Materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to the Website or any content or Materials on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws.

User Content

The Website allows you to communicate, distribute, post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”), including to your Beneficiary. You are responsible for the Content that you transmit or communicate on or through the Website, including its legality, reliability, and appropriateness to be delivered or conveyed to your Beneficiary.

By submitting or otherwise communicating Content on or through the Website, you represent and warrant that: (i) the Content is yours and you have the right to use it, and the right to grant a license for us to use the Content as set out in these Terms, and (ii) that the use and communication of your Content on or through the Website does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any other person or entity. We reserve the right to terminate the account of anyone found to be violating these Terms or infringing on a copyright or other intellectual property right of any third party.

You retain your rights to any Content you submit, communicate, or display on or through the Website and you are responsible for protecting those rights; however, any Content you post to the Website will be considered non-confidential and non-proprietary. By providing any Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material and/or to use such Content as we deem appropriate for our business purposes and to carry out products and services you may have requested.

We take no responsibility and assume no liability for Content you or any third-party posts on or through the Website, including what may be communicated to your Beneficiary. However, by communicating Content using the Website, you grant us the right and license to use, modify, display, reproduce, and distribute such Content on and through the Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 7.

We have the right but not the obligation to monitor and edit all Content provided by you, as well as any products or services you have purchased on the Website that incorporate any such Content. We may, in our sole and absolute discretion, remove any Content or other materials relating to your use of the Website that we find to be objectionable or otherwise in violation of these Terms. This right includes our right to refuse to deliver any product, provide any service, or otherwise communicate Content to your Beneficiary. We may also disclose your identity or other information about you to any third party who claims that Content posted or provided by you violates their rights, including their intellectual property rights or their right to privacy.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use the Content, whether in whole or in part, for commercial purposes or for personal gain, without express written permission from us.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to all Content you provide. Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person; or
• Impersonate any person or misrepresent your identity or affiliation with any person or or organization.

8.  Accounts 

When you create an account with us, you certify that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at the time of account creation. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You must keep your account information updated at all times, including a valid email address. Inaccurate, incomplete, or obsolete information is a violation of these Terms and may result in the immediate termination of your account and possible cancellation of any existing order for products or services. We are not responsible for any orders that are canceled as a result of your not keeping your account updated, including your email address.

You are responsible for maintaining the confidentiality of your account and your password, including, but not limited to, the restriction of access to your computer and/or account. You acknowledge that your account is personal to you and agree to not provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with the Website or a third-party service. You must notify us immediately at support@mypostscript.com in writing upon becoming aware of any breach of security or unauthorized use of your account.

You may not incorporate a username that is: (i) the name of another person or entity; (ii) not lawfully available for use; or (iii) a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene, and we may disallow use of any such name in our sole and absolute discretion.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.

You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and will comply with them.

9.  Links to Other Websites 

The Website may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their affiliated websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10.  Indemnification 

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold us harmless, as well as our respective past, present, and future employees, officers, directors, contractors, consultants, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns, as well as any Legacy Agent or Beneficiary acting in good faith (together, the “Indemnified Parties“) from all third-party claims of any kind, whether in tort, contract, or otherwise (collectively, “Claims“), including damages to property or personal injury, that arise from or relate to: (i) your access to or use or misuse of the Website; (ii) any Content you create, post, communicate, distribute (including to any Beneficiary), share, or store on or through our Website; (iii) your violation of these Terms; or (iv) your violation of the rights of any third party.

This indemnity obligation includes paying for any of the Indemnified Parties’ reasonable attorneys’ fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation contained herein. You agree to promptly notify us of any Claims and to cooperate with the Indemnified Parties in defending such Claims. You further agree that the Indemnified Parties shall have control of the defense and settlement of any Claims.

11.  Time to Perform; Force Majeure; Disclaimer of Warranties; Limitation of Liability 

You agree that we shall have a reasonable time to perform any service or product that you purchase from us. At a minimum, we require not less than thirty (30) days from the date we are notified of your passing to deliver any product or render any service, or such longer time as the circumstances warrant.

In no event shall we be responsible or liable for any failure or delay in the performance of our obligations arising out of or caused by, directly or indirectly, forces beyond our reasonable control, including, but not limited to, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, plague or pandemic, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that we shall use reasonable efforts under the circumstances to resume performance as soon as practicable.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE WEBSITE, OR OTHERWISE RELATED TO THESE TERMS OR THE WEBSITE REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

ADDITIONALLY, IN NO EVENT SHALL OUR AGGREGATE LIABILITY AND THAT OF THE INDEMNIFIED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, INDEMNITY. OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, EXCEED THE AGGREGATE AMOUNT OF ANY COMPENSATION PAID TO US FOR YOUR ACCESS TO OR USE OF THE WEBSITE OR ANYTHING PURCHASED THROUGH THE WEBSITE. ADDITIONALLY, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, BENEFICIARIES (WHETHER DESIGNATED OR OTHERWISE), AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND ANY PRODUCTS OR SERVICES YOU MAY HAVE PURCHASED.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY OR ARISING OUT OF ANY FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT ON OUR PART.

12.  Dispute Resolution; Mandatory Arbitration 

PLEASE READ THE FOLLOWING SECTION CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

Most disputes can be resolved without resorting to legal action. Before taking any formal action, you are required to contact us within thirty (30) days of the date the dispute arises at support@mypostscript.com and provide a brief written description of the dispute, along with your contact information. Except for intellectual property and small claims, we both agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good-faith negotiations shall be a condition to either party initiating legal action.

a)  Binding Arbitration

Except for any disputes, claims, suits, causes of action, demands, or proceedings (collectively, “Disputes“) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, but not limited to, copyrights, trademarks, trade names, logos, trade secrets, or patents, we each agree: (i) to waive our respective rights to have any and all Disputes arising from or related to these Terms or the Website resolved in a court; and (ii) to waive our respective rights to a jury trial. Instead, we each agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

You agree that any Dispute arising out of or related to these Terms or the Website, is personal to you and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You agree that these Terms affect interstate commerce, and that the enforceability of this Section shall be both substantively and procedurally governed by, and construed and enforced in accordance with, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA“), to the maximum extent permitted by applicable law.

b)  Process

Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, but not limited to, copyrights, trademarks, trade names, logos, trade secrets, or patents, we both agree that: (i) any arbitration will occur in Chicago, Illinois; (ii) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS“), which are hereby incorporated by reference; and (iii) that the state or federal courts of the State of Illinois and the United States, respectively, sitting in Cook County, Illinois, have exclusive jurisdiction over any appeals and the enforcement of any arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either: (i) acknowledge and agree that you have read and understand the rules of JAMS; or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

c)  Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have: (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable; and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

13.  Governing Law and Venue 

These Terms and your access to and use of the Website shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Illinois and the United States, respectively, sitting in Cook County, Illinois.

14.  Severability 

If any term, clause, or provision of these Terms is determined to be unlawful, invalid, or unenforceable, then that term, clause. or provision will be severable from these Terms. These Terms shall be construed as if they did not contain the unlawful, invalid, or unenforceable language and all other provisions, including the class action waiver, shall remain fully enforceable.

15.  Errors 

We attempt to be as accurate as possible and to eliminate errors on the Website and any products or services offered through the Website; however, we do not represent or warrant that the descriptions, pricing, product images, or other related information is accurate, complete, reliable, current, or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

16.  Waiver 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by any court or other authority, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Website and supersede and replace any prior agreements we might have had between us regarding the Website.

17.  Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a change is material, we will provide at least thirty (30) days’ written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted to the Website.

By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Website. It is your responsibility to monitor these Terms regularly.