Terms of Use

Last updated: October 13, 2012

Welcome to Jewbilation.com. Jewbilation, LLC. and/or its affiliates (Jewbilation) provide website features to you subject to the following conditions. If you visit or shop at Jewbilation.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Jewbilation service or business (e.g., Your Profile, Gift Cards, Unbox, or Your Media Library) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

We may use and publish a diverse range of proprietary and authorized third party information, editorial content, listings, directories, advertisements, copy, text, slogans, logos, symbols, designs, graphics, images, photographs, pictures, music, sound and video recordings, animations, effects, and other material and User Generated Content on the jewbilation.com and as part of the Services for Our authorized users' personal, non-commercial use ONLY. ACCORDINGLY, YOU MAY VIEW, USE, COPY, AND DISTRIBUTE THE MATERIAL FOUND ON THE SITES OR OBTAINED BY MEANS OF THE SERVICES FOR INDIVIDUAL, NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY AND IN COMPLIANCE WITH THE TERMS AND ALL APPLICABLE LAWS.

By using the jewbilation.com and any/all affiliated services, You agree that You will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for Your own personal, non-commercial use) from the Sites without the prior written consent of JEWBILATION. In addition, you will not use the Material for any unauthorized non-commercial marketing or promotional campaigns, targeted or mass solicitation campaigns or political campaigning. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND SERVICES TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES OR EMAILS IS IN VIOLATION OF THESE TERMS AND MAY BE IN VIOLATION OF UNITED STATES FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS. 

You are prohibited from data-mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Sites, or from using other similar methods and tools to gather or extract data, Material or other information from the Sites, without Our prior written consent, which consent may be withheld and withdrawn by Us at any time, with or without notice, in Our sole discretion.

You may not use the Sites and Services to compile data (or any other portion of the Material), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other authorized users and third parties.

You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other authorized users and third parties.

You are prohibited from modifying or obscuring the manner in which the Sites are displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Sites or the visual display of the Services and Material. You may not obscure advertisements displayed as part of the Sites and Services, nor modify the advertisements or listings in a way that is unauthorized. Unless expressly authorized by JEWBILATION in Our sole and absolute discretion, you may not link to the Sites or any portion of the Services (including deep linking to a specific portion of the Sites). You are not permitted to script searches or search results of the Sites in a manner that results in the automated display of Material on a third party website.

To the extent applicable, when accessing the Sites, utilizing the Services or using any Accounts, You are required to use the security procedures currently or hereafter maintained by Us to confirm that only authorized users have access to the Services and any Accounts. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Sites and utilizing the Services. All forms of indirect and "spoofed" access are strictly prohibited. You are prohibited from attempting to access portions of the sites, which are not intended for public usage, and the use of any information obtained from non-public portions of the Sites is expressly prohibited.

Do not submit, post or otherwise transmit to Us information that is the proprietary or confidential information of third parties (whether by law or by contract) or that You otherwise do not have the legal right to use. Except as otherwise specified in these Terms, any information, content or other material which You provide to Us will be treated as being non-confidential and non-proprietary. We assume no obligation (other than that outlined in Our Privacy Policy) to protect confidential or proprietary information from disclosure.

You are under no obligation to use or continue to use the Sites and Services and may temporarily or permanently cease using the Sites and Services without notice to JEWBILATION. Any use of the Sites and Services, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of Your rights to use the Sites or any portion thereof.

INTELLECTUAL PROPERTY NOTICE:

Any and all intellectual property rights associated with the Sites, the Services and the Material, including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Sites, including, without limitation, the JEWBILATION company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the "Intellectual Property"), are the sole property of  JEWBILATION, its wholly-owned subsidiaries, affiliates, or other third parties. Except as expressly and unambiguously provided herein related to User Generated Content, You do not possess, and JEWBILATION does not grant to You, any express or implied rights to any Intellectual Property and all such rights are retained by JEWBILATION, its subsidiaries, parent companies, affiliates and/or any third party owner of such rights.

All authorized copies that You make of the Material or the Sites must bear any copyright, trademark or other proprietary notice located on the Sites that pertains to the Material being copied, and You agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from Your use of or access to the Sites, Services or Material.

You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Sites, Services, products, processes or technology described therein. Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in any way without the express written consent of JEWBILATION, or the express written consent of the appropriate third party, as applicable.

Without the prior written consent of JEWBILATION LLC, You are not authorized to (1) use any JEWBILATION name or mark, and related marks or any marks in Our Intellectual Property portfolio, in any advertising, publicity or in any other commercial manner, (2) use any meta tags or any other "hidden text" utilizing any name or mark, and related marks or any marks in Our Intellectual Property portfolio, or (3) use the JEWBILATION domain name or any domain name that is confusingly similar to Our domain name as a pseudonymous return e-mail address for any communications that You transmit from another location or through another service. Any requests for authorization related to the prohibitions of this provision should be made in writing to the address listed in these terms.

CONTENT LICENSE FROM YOU:

Content submitted to us or posted on the Sites and/or the Services, in any form or medium, by authorized users of the Sites and Services, including, without limitation, comments, ratings, reviews, recommendations, analysis, commands, input, preferences, settings, data, questions, answers, responses, feedback, proposals, ideas, suggestions, plans, creative content, copy, phrases, text, slogans, logos, symbols, designs, audio, music, sounds, compositions, artwork, images, photos, pictures, videos, animations, graphics, and URLs, is considered "User Generated Content." As between You and JEWBILATION, You may possess certain intellectual property rights in your own User Generated Content that You may submit to us, or display and/or post via the Sites and/or Services. By generating, submitting or posting, in any form or medium, User Generated Content to Us or via the Sites or Services, you thereby grant to JEWBILATION, its affiliates and third parties authorized by Us to distribute the information contained in the Sites or Services, in whole or in part, on the third parties' websites, networks or via other applications (our "Third-Party Distributors") an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, repurpose, prepare derivative works from, publish, publicly perform, publicly display, distribute, redistribute and communicate any and all such User Generated Content, without any obligation, notification or compensation to You. This license is granted to JEWBILATION, its affiliates and Third-Party Distributors with respect to the use of such User Generated Content in connection with the Sites and Services and any subsequent version or modification thereof.  

You agree and acknowledge that the foregoing license grants to JEWBILATION and its affiliates and Third-Party Distributors the full right and authority to use User Generated Content for any purpose related to the Sites and Services, including, without limitation, the marketing, sale, syndication, and development of the Sites, Services and any successors thereto. This license includes an unrestricted right and authority for JEWBILATION to make the User Generated Content available to sublicense to other companies, organizations or individuals.

You agree and acknowledge that JEWBILATION and its affiliates may modify, adapt, reformat, and otherwise alter or make use of Your User Generated Content in such manner as may be required to conform the User Generated Content to standards, protocols, formats and requirements related to the Sites and Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that JEWBILATION and its affiliates and Third-Party Distributors are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks. Your use of the Sites and Services to generate, submit and/or post User Generated Content confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to JEWBILATION and its affiliates and Third-Party Distributors the foregoing license. You further represent, warrant and agree that the User Generated Content You generate, submit, or post will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, and will not contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.

JEWBILATION is under no obligation to review any User Generated Content submitted, posted or otherwise displayed on the Sites and Services and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is, in any way, sponsored or endorsed by JEWBILATION or its affiliates. JEWBILATION reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at Our sole and absolute discretion. User Generated Content We may remove or refuse to post may include, without limitation, any of the following:

Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail; Accusations and other assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings; Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information; Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form; Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity; Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors; Reviews that are exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by JEWBILATION in its sole discretion; Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic; Language that violates the standards of the Sites, the Services and/or the policies of JEWBILATION and its affiliates as determined by JEWBILATION in its sole discretion; Any content that impersonates disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity; Content that is not readable, that is encrypted or that contains viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; Any content that links (or includes embedded links) to any of the foregoing, or that links to social networking sites. 

REFUND POLICY:

Since we work with a wide-range of vendors most sales are final. Our refund policy varies from vendor to vendor and is contingent upon the preexisting policy of the vendor from who you purchase.  Jewbilation in almost all cases does not sell their own products.  By purchasing a production on Jewbilation.com the purchaser is entering into an agreement with the selling vendor and must abide by their refund policy. If you use PayPal or other third-party payment platforms refunds will be given subject to their respective fees and agreements.

VENDORS:

Vendors will be paid once shipment is confirmed on a bi-weekly basis. This is done to protect our customers and to ensure successful shipment of purchased items.

Commission varies depending on vendor and product. Commission is typically around 10-15% for established vendors. If you wish to discuss the rate please contact us. We're here to work with you and want to ensure our system is mutually beneficial and promotes long-term, successful, growing relationships between our partners and us.

TAXES:

Application of sales tax is required when shipping to a customer in a state where you are located or have a presence. It is the vendor’s responsibility to charge and pay the proper sales tax and other necessary taxes. This is a legal obligation, so please ensure you correctly account for sales tax when necessary. There are clear instructions on how to set this up on the site. If there are any questions please let us know.

SHIPMENT:

Items purchased on this site are drop-shipped or delivered through our vendors. Our shipping policies are subject to the policies of our venders and they determine the shipment options that are available.

Shipping falls on the responsibility of the vendor. Jewbilation LLC. Does it's best to ensure vendors are accurate in the shipment timing but is not liable for any shipping delays. For custom made items it is recommended you try and order in advance to account for any unexpected delays, especially for hand-made and designer products. Please note that shipping times are estimates. Vendors do their best to accurately estimate shipping but please be aware of unexpected delays.

Our vendors stock thousands of different products including custom made and designer/commissioned items. As a result, our marketplace selection varies each week as we receive weekly updates from our vendors located all over the world. Items that are in-stock for vendors will usually ship within 1-3 business days. Items that are not in stock will be added to vendors' next incoming order and will usually ship within 10-15 business days. You will be notified by e-mail of any shipping delay over 15 business days. Many times designer or handcrafted items will ship to you direct from the artist's studios and can take approximately 2 weeks for shipping. Please note that our website does not automatically indicate whether an item is in stock or not, as vendors are responsible for providing necessary updates.

PRIVACY:

Please review our Privacy Notice, which also governs your visit to Jewbilation, to better understand our practices.

JEWBILATION PAYMENTS AND REVENUES COMING FROM VENDORS PRODUCTS: 

Commissions vary depending on the vendor. Typically, commission is between 10-15%. Any new vendors by default have a commission in this range. To confirm your commission rate please contact us. Additionally, for top performing vendors the commission rate may be lowered to honor performance. Poorly rated vendors may see the commission rate increase or be removed as vendors from our site. By signing up as a vendor at Jewbilation.com you recognize the commission rates being assigned and agree to adhere to the Terms of Use outlined on this page.

SERVICES:

For vendors offering information on their services, there are monthly, 3-month, 6-month, and 1-year (annual) plans to post your information. Vendors can post their service and description, along with any other information they wish to share. Plans may be renewed at any time. Rates may change without notice.

ELECTRONIC COMMUNICATIONS:

When you visit Jewbilation or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT:

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jewbilation or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Jewbilation and protected by U.S. and international copyright laws. All software used on this site is the property of Jewbilation or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS:

In addition, Jewbilation graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Jewbilation in the U.S. and/or other countries. Jewbilation’s trademarks and trade dress may not be used in connection with any product or service that is not Jewbilation’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jewbilation. All other trademarks not owned by Jewbilation that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Jewbilation.

LICENSE AND SITE ACCESS:

Jewbilation grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jewbilation. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Jewbilation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jewbilation without express written consent. You may not use any meta tags or any other "hidden text" utilizing Jewbilation's name or trademarks without the express written consent of Jewbilation. Any unauthorized use terminates the permission or license granted by Jewbilation. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Jewbilation.com so long as the link does not portray Jewbilation, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Jewbilation’s logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT:

 If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Jewbilation does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Jewbilation.com only with involvement of a parent or guardian. Jewbilation reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Jewbilation reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Jewbilation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Jewbilation and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Jewbilation for all claims resulting from content you supply. Jewbilation has the right but not the obligation to monitor and edit or remove any activity or content. Jewbilation takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS:

Jewbilation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below on this webpage.

RISK OF LOSS:

All items purchased from Jewbilation are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the vendors delivery to the carrier, in almost all cases this is the carrier of the vendor who signs up for Jewbilation to sell products.

RETURNS, REFUNDS AND TITLE:

Jewbilation does not take title of returned items; the item must arrive at the vendor’s fulfillment center.  Jewbilation does not ship most products, that is the vendor’s responsibility, therefore you are entering an agreement with a third party vendor and/or their shipping carrier.  In a case where Jewbilation is selling and shipping a product, a return may be made at the discretion of Jewbilation.  At our discretion, a refund may be issued without requiring a return. In this situation, Jewbilation does not take title to the refunded item. For more information about our returns and refunds, please contact us.

PRODUCT DESCRIPTIONS:

Jewbilation attempts to be as accurate as possible. However, Jewbilation does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Jewbilation itself is not as described, your sole remedy is to return it in unused condition.

PRICING:

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the merchant may provide the List Price.

With respect to items sold by Jewbilation, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Jewbilation. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

OTHER BUSINESSES:

Parties other than Jewbilation operate stores, provide services, or sell product lines on this site. For example, our vendors may also have storefront stores or other locations where they sell their products. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Jewbilation does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JEWBILATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JEWBILATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JEWBILATION DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM JEWBILATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JEWBILATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES:

Any dispute or claim relating in any way to your visit to Jewbilation.com or to products or services sold or distributed by Jewbilation or through Jewbilation.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to registered agent Corporation Service Company. You should also contact us immediately so we can see your claim and assist as needed. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Jewbilation will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW:

By visiting Jewbilation.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Jewbilation.

SITE POLICIES, MODIFICATION, AND SEVERABILITY:

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Jewbilation.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS:

Please contact Jewbilation, LLC. via contact us form. We are a web-based platform and online marketplace and that is the most convenient method of communication. We are based in the Tri-state area (NY/NJ/CT) and if necessary could schedule meetings in New York City or New Jersey.

 

http://www.jewbilation.com