PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE OR ORDERING ANY PRODUCT. IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE IF YOU HAVE NOT READ OR DO NOT AGREE TO THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST US, DO NOT USE THIS WEBSITE OR PURCHASE ANY PRODUCT. BY USING THIS WEBSITE, INCLUDING PURCHASING A PRODUCT THROUGH THE WEBSITE, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO SUCH USE MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions constitute a legal agreement (this "Agreement") between You, the individual, company or organization ("you," "your," or "Customer") and Fragrant Jewels LLC ("we," "our" or "Company"). By ordering, accessing, using or purchasing any product (collectively the "Product") through this website or related websites (collectively the "Website") or by phone, you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without prior notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.
- This Agreement applies to ALL transactions made on or through this Website. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records.
- We strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies (which specifically includes those relating to the price or size of any item) which we may correct without liability. We reserve the right to change the formulation of any Product at any time. We do not guarantee that all Product described on our Website will be available.
- We also strive to provide the best customer care for all of our Product. Please contact our Customer Service Department should you feel that you are not receiving the support and care that you deserve.
- In some instances, billing for your Product or shipping fee may originate from outside of the United States and in some occasions, your financial institution may charge a fee for processing this payment. You are responsible for these processing fees assessed by your financial institution per your card holder agreement. All transactions are processed in United States Dollars USD.
- You represent that you are at least 18 years of age and that you will not permit a person under 18 years of age to order Product from our Website. You represent that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. You further represent that the information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Product) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute or export any Product that you order from the Website.
- You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website, (d) delete or alter any material posted on the Website by the Company or any other person or entity, or (e) frame or link to any of the materials or information available on the Website.
- You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods). Due to the nature of our products, all sales are final. We will replace items damaged during shipping when possible. Returns, refunds or replacement products for reasons other than damage incurred during shipping cannot be accepted.
- TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. EACH PRODUCT IS SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING THE WEBSITE, YOU HEREBY RELEASE COMPANY, AND ITS OFFICERS, MEMBERS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, DIRECTORS, INDEPENDENT CONTRACTORS, PRINCIPALS, AGENTS, INCLUDING ADVERTISING AGENCIES AND TELECOMMUNICATION PROVIDERS ("RELEASED ENTITIES"), FROM ANY AND AGAINST ANY AND ALL INJURY, LOSS OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY YOUR USE OF THIS WEBSITE AND/OR PRODUCT. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- You agree to defend, indemnify, and hold harmless Released Entities from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse of the Website or any Product, or your breach of any of the terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company’s defense of such matter.
- You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
- Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiration of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
- We reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate your access to all or any part of the Website, or an event, or a promotion at any time and for any reason without notice or liability (including after an order has been submitted and/or acknowledged).
- We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
- Multiple accounts per location are NOT allowed (based on IP Verification through our system) unless clearly identified as different people, for each account (as per regular account rules) as well as:
a. Email is unique to each account (cannot be in same/similar name)
b. Customer is able to submit Photo ID (scanned/emailed image) and proof of address if requested.
c. As per our 'Fraud' policy, we reserve the right to cancel any suspected fraudulent accounts.
16. If you purchase any Product available on our Website, you will be responsible for paying any sales tax indicated on the Website.
17. This Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). The Website, and all Content appearing therein, are the sole and exclusive property of Company or its licensors. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
18. The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
19. Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted under this Agreement. None of the Content for this Website may be retransmitted without the express written consent from the Company for each and every instance.
20. When you purchase or order any Product through this website or from Company, you expressly agree that you do not have any license for the resale of any Product and that the resale of Product is expressly prohibited. Notwithstanding the foregoing, Company does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you hereby grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
21. The Fragrant Jewels Inner Circle Membership Contract Between You and Us. Fragrant Jewels offers a monthly membership program called the Fragrant Jewels Inner Circle Membership at the rate of $32.95 per month. The Fragrant Jewels Inner Circle Membership and all rights and privileges conferred to you are personal and non-transferable.
a. AUTOMATIC RENEWAL TERMS. With respect to your Fragrant Jewels Inner Circle Membership subject to automatic renewal, you agree that Fragrant Jewels may submit periodic monthly to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Fragrant Jewels reasonably could act.
b. MONTHLY SUBSCRIPTION. By purchasing the Fragrant Jewels Inner Circle, you agree and acknowledge that your membership has an initial and recurring payment charge at the then-current monthly charge rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Fragrant Jewels after the expiration date of your payment card. You may ‘Skip’ a month at any time by calling Customer Support prior to the charge date of the month you wish to skip at (855) 550-1129 and stating that you would like to skip a month.
c. AUTOMATIC MONTHLY RENEWAL TERMS. Your Fragrant Jewels Inner Circle Membership will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current membership rate until you cancel your Fragrant Jewels Inner Circle Membership renewal.
d. FRAGRANT JEWELS INNER CIRCLE MEMBERSHIP CANCELLATION. You may cancel your Fragrant Jewels Inner Circle Membership at any time. To cancel, please call Customer Support at (855) 550-1129 or email us at email@example.com. Cancellation requests received after your monthly charge date shall take effect the following month. Fragrant Jewels requires a reasonable amount of time to process your Fragrant Jewels Inner Circle request. If you cancel your Fragrant Jewels Inner Circle Membership, you will enjoy your Fragrant Jewels Inner Circle Membership benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.
22. MOBILE TERMS
When you provide us with your mobile phone number and contact information, you expressly consent that Company may advertise, market and sell its products to you and may send recurring text messages (including SMS and MMS) to that phone number. You will receive a confirmation text message, and you will need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by replying the word STOP to any message received. For help, reply to any text message received with the keyword HELP. You may also be able to opt-out or change your preferences on our web site. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase from Company. You agree to notify Company of any changes to your mobile number and update your account(s) with Company to reflect this change. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
- FJ REWARDS
The FJ Rewards Program (“Program”) is a rewards program offered by Company to its customers located in the U.S. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Company and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership. NO PURCHASE IS NECESSARY TO BECOME A MEMBER.
b. Earning Points through Purchases
Effective on November 2, 2017 under the Program, non-Inner Circle members earn one (1) rewards point (“point”) for every U.S. dollar spent on merchandise (excludes taxes and/or shipping) in the United States through the website. Effective November 2, 2017 and commencing with the second Inner Circle membership program payment, Inner Circle members earn two (2) rewards points for every U.S. dollar spent on recurring Inner Circle order merchandise (excludes taxes and/or shipping) in the United States through the Website (“Recurring IC Orders”). Recurring IC Orders shall not be eligible for any other promotional increases. You must provide the e-mail address you have used to create your Fragrant Jewels account to have any points credited to your points balance. The cancellation of an order will result in a deduction of all points earned in connection with the order that is cancelled, or in the case of an order that is partially cancelled and refunded, those points attributable to money refunded shall be deducted.
c. Vault Code Earning
Points are also earned in connection with the entry of valid, unused and unexpired Vault Codes at www.fragrantjewels.com/vault. You will earn rewards points equal in amount to the dollar value stated by each Vault Code (e.g., if a Vault Code states that ‘your ring is worth $20’, you will earn 20 rewards points). In addition, upon a Program Member’s first entry of a Vault Code the Program Member shall receive a one-time bonus of twenty (20) rewards points. No points will be earned in connection with Vault prizes.
d. Redeeming Program Rewards
Subject to the Termination provision of these Terms, points do not expire. Points may be redeemed for rewards (“Rewards”) to be determined by Company in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by Company, (2) make an additional purchase of merchandise from Company at the time that you redeem your points, and (3) enter your email address of record at the time you redeem your points. Points have no cash value and can only be redeemed for Rewards. Company may, in its discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash.
Rewards are available with point redemption while supplies last and substitutions by Company may occur. If your online order is not completed during the same visit, the Rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, we regret that we are unable to reship Rewards if they arrive damaged, if you received the wrong one or if one is missing from your order. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact our customer service. Otherwise, Rewards may not be returned or exchanged. Rewards are shipped with merchandise purchases ONLY. The retail value of the Reward does not count toward our free shipping threshold.
e. The Rewards Boutique Offers
We may offer Rewards through the Rewards Boutique in exchange for a certain number of accrued Reward points ranging from 50 points to 40,000 reward points from time to time and at our sole discretion. The Rewards Boutique offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a Program member and have the sufficient number of points available at the time of redemption in order to redeem Rewards Boutique offers. Points will be deducted at time of redemption.
Rewards are non-transferable, have no cash value (unless required by law) and cannot be exchanged, sold or returned. We are not responsible for lost, stolen or damaged rewards. We are not responsible for any taxes incurred by customers. Rewards are subject to change, alteration, substitution, or termination by us in our sole discretion at any time. See specific Reward offers for any additional Program Terms.
f. Gold Level
Gold Level status is automatically conferred on all existing Company customers. Gold Level status is good for the calendar year in which the Program member qualifies and the following full calendar year; after that, annual requalification is required. Each Gold Level status member is eligible to claim a free birthday gift from the Birthday Gifts section of their cart during the member’s birth month and within 14 days before or after the member’s actual birth date, provided, however, that the birthday gift must be redeemed in connection with a concurrent purchase. A birthday gift may be claimed one (1) time per calendar year and shall include only Rewards ranging from 100 Rewards points to 120 Rewards points. We may, in our sole discretion, alter, limit, or modify the Gold Level program rules, regulations, benefits, eligibility for membership, or any other feature of the Gold Level program or may terminate the Gold Level program at any time in its sole discretion, without prior notice.
g. Platinum Level
Platinum Level status is conferred on those Program members who spend a minimum of $200 on merchandise (excludes taxes and/or shipping and money refunded on account of cancelled purchases) from our website during one calendar year (January-December). Platinum Level status is good for the calendar year in which the Program member qualifies and the following full calendar year; after that, annual requalification is required. For example, if you qualify for Platinum level status in 2017, in 2017 and 2018 you will retain Platinum Level status. To retain Platinum Level status uninterrupted in 2019, you must have spent at least $200 on merchandise (as explained above) in 2018. Each Platinum Level status member is eligible to claim a free birthday gift from the Birthday Gifts or Premium Birthday Gifts section of their cart during the member’s birth month and within 14 days before or after the member’s actual birth date, provided, however, that the birthday gift must be redeemed in connection with a concurrent purchase. A birthday gift may be claimed one (1) time per calendar year and shall include only Rewards ranging from 100 Rewards points to 200 Rewards points. We may, in our sole discretion, alter, limit, or modify the Platinum Level program rules, regulations, benefits, eligibility for membership, or any other feature of the Platinum Level program or may terminate the Platinum Level program at any time in its sole discretion, without prior notice.
h. Changes, Termination And/Or Removal from Program
We may, in our sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Website. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
We reserve the right to exclude individuals from the Program in our sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of the Company may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. We reserve the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.
- ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This section 24 of the Terms and Conditions is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to the use of this Website, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by accepting these Terms and Conditions, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer service at firstname.lastname@example.org or calling us at (855) 550-1129. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Fragrant Jewels LLC, 2417 E. 24th Street, Los Angeles, California 90058, Attention: General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms and Conditions as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the value of the relief sought is $75,000 or less, Company will pay reasonable attorneys’ fees should you prevail. Company will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. Without limiting the severability provision in these terms and conditions, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 24b., above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 24b. is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms and Conditions will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms and Conditions to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.
25. Governing Law. This Agreement and all disputes or issues concerning the construction, validity, interpretation and enforceability of this Agreement shall be governed and construed exclusively by the laws of the State of California, USA without regard to conflict or conflict of law principles.
26. Assignment. Neither this Agreement, nor any rights, interests, obligations, claims, demands, or causes of action arising out of or related to this Agreement or any of the transactions hereunder, may be assigned, delegated or transferred in whole or in part, by operation of law or otherwise by you without the prior written consent of Company. Company may assign or delegate this Agreement, or any of its rights or obligations hereunder, without your written consent, to an affiliate or to a corporation or other business entity succeeding to all or substantially all the assets and business of Company to which this Agreement relates by merger, purchase or otherwise. Company may also assign its rights to receive monies hereunder without your consent. Any attempted assignment, delegation or transfer without such consent shall be null and void. Subject to the foregoing provisions, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
27. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
28. No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
29. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.