Last updated: October 8th, 2024

 

I - GENERAL PROVISIONS

Acceptance of Binding Terms

These U.S. Terms and Conditions, together with any additional terms, conditions, and policies incorporated by
reference herein (collectively, the “Terms”), are entered into and form a binding contract by and between you (a
“user” or “customer”) and Jimmy Fairly, SAS (“Jimmy Fairly”, “Company”, “we”, “our”, or “us”).
These Terms govern your access to and use of any content, functionality, and services offered on or through our U.S.
website located at us.jimmyfairly.com (the “Website”), whether or not you register and create an account. These
Terms also govern and apply to any purchases that you may make on the Website.
Please read these Terms carefully, as they contain important information regarding your legal rights and obligations,
as well as conditions, limitations, and exclusions that may apply to you. Please also read our Privacy Policy, which is
incorporated by reference herein.

 

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER WHICH REUIRE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT ANY
DISPUTES BETWEEN US BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, RATHER THAN
BY A JUDGE OR JURY IN COURT OR CLASS ACTIONS.

This Website is provided for use only by persons located in the United States. You must be 18 years of age to create
an account or make a purchase on the Website. If you are under 18 years of age you may not create an account or
make a purchase on this Website. This Website is not directed to and should not be accessed or used in any way by
children under 13 years of age.

BY ACCESSING OR USING THIS WEBSITE (EVEN JUST BROWSING THROUGH THE WEBSITE), OR BY
CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO
YOU, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE
TO BE BOUND BY THESE TERMS, AND BY OUR PRIVACY POLICY.

 

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes to the Terms

We reserve the right to update or modify the Terms from time to time and at any time in our sole discretion without
prior notice. Any changes to the Terms will be in effect as of the “Last Updated Date” posted at the top of this page
and will apply to all access to, use of, and purchases on the Website on and after that date. You should review these
Terms prior to using, or purchasing any products on, the Website. Your continued use of the Website, including the
placing of any orders on the Website, following the posting of updated Terms means that you accept and agree,
without reservation, to the changes. You are expected to check this page from time to time so that you are aware of
any changes, as they are binding on you.

Privacy

Information that you provide to us and/or that we collect from you on or through this Website, including personal
information, is subject to our Privacy Policy, which is incorporated by reference herein. By using the Website, you
consent to all actions taken by us with respect to your information, including your personal information, in
accordance with our Privacy Policy.

 

Account Registration and Security

To place an order and to access certain services on our Website, you may be required to register and create a
personal user account.

 

During the registration process (or any other time), you may choose to subscribe to our marketing emails. If you
would like to stop receiving marketing communications from us, you can unsubscribe by clicking the unsubscribe
link at the bottom of the marketing emails or by contacting customer service at wecare@jimmyfairly.com.
It is a condition of your use of the Website that all of the information you provide to us is accurate and complete, and
it is your responsibility to keep your information up to date. Jimmy Fairly shall not be held liable in case of any
inability to contact you or to deliver any products ordered as a result of incomplete or inaccurate or outdated account
information. 

By creating an account, you agree that you are responsible for maintaining the confidentiality of your account
information, including your login and password. You acknowledge that your account is personal to you, and you
agree not to provide any other person with access to the Website using your account information. You agree that you
are fully responsible for all activities that occur through your account, and you agree to notify us immediately of any
unauthorized access to or use of your account information or any other breach of security. You agree to log out of
your account at the end of each session and you agree to use particular caution when accessing your account from a
public or shared computer so that others are not able to view or record your password or other personal information.
Jimmy Fairly has the right to cancel or disable or suspend any user account, or to change any login username,
password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or
no reason, including if, in our opinion, you have violated any provision of these Terms.

 

II - TERMS OF SALE

Purchases on the Website

 

By placing an order to purchase any products on our Website, you agree to and accept to be bound and abide by

these Terms. You represent and warrant that the products you purchase on the Website are for your own personal or
household use and not for resale or export. You further represent and warrant that all purchases you make are
intended for final delivery to locations within the United States.

Order Acceptance and Cancellation or Refusal

You agree that placing an order on the Website is an offer to buy, under these Terms, all products listed in your
shopping cart (the “Cart”). You may change or remove any products added to your Cart before placing your order.
After your order is placed, we will send an email confirmation to you summarizing the order (products, prices,
product availability, quantity, etc.) For this purpose, you accept and agree to the use of email for receiving
confirmation of the contents of your order from the Company. Your order confirmations are also available in your
personal account under “my orders.”

All orders must be accepted by us or we will not be obligated to sell the products to you. All information you provide
when placing an order must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a
breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we reserve the right
to request additional information from you to verify your information.

We reserve the right to refuse or to cancel any order you place with us, in our sole discretion, even after we send you
a confirmation email with your order number and details of the items you have ordered. If payment has already been
made for an order that is cancelled, you will receive a refund.

We may, in our sole discretion, limit or cancel the quantity of products ordered per person, per household, or per
order. These restrictions may include orders placed by or under the same user account, the same payment method,
and/or orders that use the same billing and/or shipping address.

We strive to display accurate information on our Website. However, we may on occasion make inadvertent
typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and
availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update
information or cancel orders if any information on the Website is inaccurate at any time without prior notice
(including after you have placed your order). In the event that products are listed at an incorrect price, we have the
right to refuse or cancel orders for products listed at the incorrect price.

 

We also reserve the right to refuse or to cancel any order for any other reason in our sole discretion, including, but
not limited to, errors or inaccuracies in payment or shipping information, product shipment delays or unavailability,
suspected fraudulent activity or information, orders connected with a current or previous credit card or other payment
dispute, and orders placed by users in violation of these Terms.

If we change, refuse, or cancel an order, we will notify you by contacting the email address you have provided to us.
You understand and agree that all orders are subject to product availability, which may change without notice.
Jimmy Fairly reserves the right to remove at any time any product displayed on the Website, and to replace or
modify any content or information related to any product.

Jimmy Fairly shall not liable to any user or third party for any unavailability or removal of a product from the
Website or for the replacement or modification of any content published on the Websites or for the refusal or
cancellation of an order for any reason, including after a confirmation email was sent. 

Prices and Payment Terms

All prices listed on the Websites are shown in U.S. Dollars and are subject to change without notice.

By placing your order, you agree to accept and pay for the products ordered at the prices listed for the products at the
time of placing your order. You are also responsible for paying shipping and handling costs and sales tax, which are
separate from and in addition to the listed prices. Once you have added products to your Cart, all such taxes and costs
(except for customs, if applicable) will be added to your order total in your Cart at checkout. You understand and
agree that your order total shown at checkout reflects estimated tax and that the actual charge to your payment
method will include all applicable taxes calculated at the time your order is shipped.

PLEASE NOTE THAT CERTAIN PRODUCTS SHIPPED TO YOU FROM OUTSIDE OF THE UNITED
STATES MAY RESULT IN ADDITIONAL CHARGES (CUSTOMS DUTIES AND OTHER TAXES) TO BE
PAID DIRECTLY BY YOU TO THE CARRIER.

Terms of payment are within our sole discretion. All orders must be paid at the time of the order in U.S. dollars by
one of the authorized payment methods offered on the Website.

You expressly acknowledge that by providing your bank or credit card number or other payment information on our
Website, you authorize Jimmy Fairly to charge you the total amount for the products ordered. By placing an order,
you represent and warrant that (i) the credit card or other payment method information you provide to us is true,
correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase,
(iii) charges incurred by you will be honored by your credit card or payment method company, and (iv) you will pay
the actual charges incurred by you at the listed prices, including all shipping and handling charges and applicable
taxes, as well as foreign transaction fees (if any) that may be charged by your bank or credit card or other payment
company.

In the event of any payment error, a notice of the order cancellation resulting from the payment error will be sent to
you to the email address associated with your account.

Shipments and Delivery

Shipments of completed orders are carried out by FedEx and delivered within the estimated delivery times provided
on our Website. You understand that shipping and delivery times are estimates only and cannot be guaranteed. We
are not liable for any delays in shipments and deliveries.

Your order is deemed delivered upon the transfer of the physical possession of the product or products to you (the
“Delivery”). The risk of lost or damage of the product or products is transferred to you at the time of the Delivery.
Shipping costs applicable to the orders are those indicated on the Website at the time of the order.

The order will be shipped to the delivery address provided by you, which must be your home address or another
residential or business address specified by you.

You are solely responsible for providing accurate and complete information concerning the delivery address
(including in particular, a house number number/name, building number/name, staircase, access codes, names and/or
numbers for the intercom, etc.). In the event we are unable to deliver your order to the address provided by you, the
products will be returned to us and you will receive a refund to your original payment method, minus any import
duties (as applicable).

Returns and Refunds

Except for any products designated on the Website or in these Terms as final sale or non-returnable, Jimmy Fairly
will accept returns (minus the original shipping, handling, and customs costs, as applicable) of products purchased on
our Website that are returned in their original condition and packaging, provided such returns are made within 30
days of delivery. To start the return process, you must contact our Customer Care team at wecare@jimmyfairly.com
for approval and to receive a free shipping label. We will not accept any items that have not been approved for return
in advance.

If you choose to ship the product without using the free label provided by us, you will be responsible for all shipping
costs and you will bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your
return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your
protection.

All refunds are subject to a $10 restocking fee. Refunds, minus the restocking fee, will be issued to the original
method of payment. We reserve the right to refuse returns if we suspect, in our sole discretion, any misuse or abuse
of our return policy.

All prescription glasses are final sale and non-returnable.

For defective returns, including beyond the 30-day return fee, please see Defective Products section below.

Manufacturing Defects and Accidental Damage

For a period of one year from the date of purchase, we will replace (with an identical or reasonably similar model)
any glasses that we determine to have a manufacturing defect. Manufacturing defects do not include normal wear
and tear or accidental or deliberate damage.

To submit a claim for manufacturing defects, please contact our Customer Care team at wecare@jimmyfairly.com.
You agree to provide all information and photos that we may require to determine eligibility for replacement under
this section. You also agree that you will be responsible for all related shipping fees.

We will not replace any products that are lost or stolen.

 

III - GENERAL TERMS OF USE

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. These Terms permit you to
use the Website for your personal, non-commercial use only. You must not access or use for any commercial
purposes any part of the Website or materials available through the Website. If you access or use any part of the
Website in breach of these Terms, your right to use the Website will stop immediately.

You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or
regulation, or to engage in any other conduct that, as determined by the Company in its sole discretion, may harm,
infringe upon the rights of, or expose to liability, the Company or any third party or users of the Website.

Additionally, you agree not to:

 

• transmit, or procure the sending of, any advertising or promotional material, including any junk mail, spam, or other similar solicitation;

• impersonate or attempt to impersonate the Company or its employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)

• engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website;

• request or otherwise attempt to harvest, obtain, or store, personal information, passwords, and other account information, or any other type of information relating to other users;

• access or use another person’s account;

• disguise the origin of user communication;

• alter, modify, frame, or “mirror” the Website;

• create a deep-link to our Website by by-passing the Website's home page;

• use any data mining, robots, or similar data-gathering and extraction tools in connection with the Website, or any other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

• use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;

• inhibit, disrupt, or otherwise prevent any other party from using or accessing the Website or interrupt any user's experience on the Website, including, but not limited to, acting in any manner that disrupts or interferes with any user’s ability to engage in real-time activities on the Website;

• interfere with or disrupt, disable, overburden, damage, or impair the Website, or the servers or network connections to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

• or attempt to gain unauthorized access to the Website (or any portion thereof).

 

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) are owned by the
Company, our affiliates, licensors, or other providers of such material, and are protected by United States and
international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not copy,
reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows: (a) your computer may temporarily store
copies of such materials in RAM incidental to accessing and viewing those materials, (b) you may store files that are
automatically cached by your web browser for display enhancement purposes, and (c) you may print or download
one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for
further preproduction, publication, or distribution.

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website
are the trademarks of their respective owners.

You must not modify copies of any materials from the Website or delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials from this Website. You must not access or use for any commercial
purposes any part of the Website or any services or materials available through this Website.

If you wish to make use of any material on the Website other than as expressly permitted under these Terms, please
address your request to: wecare@jimmyfairly.com.

 

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 the 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
materials on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any
use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright,
trademark, and other laws.

Access to the Website

We reserve the right to modify, suspend, or discontinue this Website, and any products, services, content, features, or
materials provided or offered on or through the Website, in our sole discretion and without notice. We will not be
liable for any reason if all or any part of the Website is unavailable at any time or for any period. We reserve the
right to restrict access to some parts of the Website, or the entire Website, to users, including users who are
registered and have accounts, for any reason at any time and in our sole discretion, including if, in our opinion, you
have violated any provision of these Terms. You agree that we shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Website or any products, services, content, features, or materials
provided or offered through the Website.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring
that all persons who access the Website through your internet connection are aware of and comply with these Terms.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-
date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to
update such material.

Special Features, Functionality, and Promotional Events

This Website may offer certain special features and functionality or promotional events, which may be subject to
terms of use, rules, and/or policies in addition to these Terms and may be offered by us or by third parties. You agree
that your use of any such offerings will be subject to these Terms and such additional terms of use, rules, and/or
policies.

Linking to Our Website and Social Media Features

You agree not to link to our Website or any part of our Website in any way that suggests any form of association,
approval, or endorsement on our part without our express written consent, or in any way that damages or takes
advantage of our reputation, or that is illegal, unfair, or misleading.

You must not (a) link to any part of the Website other than the homepage, (b) establish a link from any website that
is not owned by you, (c) cause the Website or portions of it to be displayed on, or appear to be displayed by, any
other website, for example, by framing, deep linking, or in-line linking, or (d) otherwise take any action with respect
to the materials on this Website that is inconsistent with any other provision of these Terms. You agree to cooperate
with us to cause unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking
permission without notice or to disable all or any links at any time without notice in our discretion.

Third-Party Content

This Website may include content provided by third parties. All statements and/or opinions expressed in these
materials, and all other content other than the content provided by the Company, are solely the opinions and the
responsibility of the persons or entities providing those materials and content. Those materials and content do not
necessarily reflect the opinions of the Company. We are not responsible, or liable to you or any third party, for the
content or accuracy of any materials provided by any third parties.

Links to Third-Party Websites

The Website may contain links to other websites, including without limitation social media websites, maintained by
third parties (“Linked Websites”). These links are provided for your convenience only. We have no control over the
contents of those websites or their services, and the inclusion of Linked Websites does not imply endorsement by us
of the Linked Websites. We accept no responsibility for Linked Websites or for any loss or damage that may arise

from your access to them. If you decide to access any Linked Websites, you do so entirely at your own risk and
subject to the terms and conditions and policies of such Linked Websites.

Eligibility and Geographic Restrictions

This Website is not intended for and should not be used or accessed by anyone under the age of 13. You must be 18
years old to register and create an account and/or to make a purchase on our Website. We provide this Website for
use only by persons located in the United States. We make no claims that the Website or any of its content is
accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or
in certain countries. If you access the Website from outside the United States, you do so on your own initiative and
are responsible for compliance with local laws.

Disclaimer of Warranties for Use of Website

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 our 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR 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. UNLESS AND EXCEPT AS OTHERWISE PROVIDED HEREIN,
THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED ON OR THROUGH THE
WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JIMMY FAIRLY NOR ANY
PERSON ASSOCIATED WITH JIMMY FAIRLY MAKES ANY WARRANTY OR REPRESENTATION OF
ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, AVAILABILITY, OR OPERATION OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER JIMMY FAIRLY NOR ANY PERSON ASSOCIATED WITH JIMMY FAIRLY DOES
REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE,
UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS,
OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

UNLESS AND EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE FULLEST EXTENT PROVIDED BY
LAW, THE COMPANY HEREBY DISCLAIMS 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.

Limitation of Liability – Use of Website

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OR DIRECTORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE
OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF

FORESEEABLE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, OR WITH
ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.

 
Limitation of Liability – Products

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR OUR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of
these Terms, and/or (ii) your use of the Website.

 

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. In the event of any dispute between you and Jimmy Fairly, we strongly encourage you to contact customer service promptly so that we can attempt to resolve the disagreement amicably. If still no amicable solution to the dispute is found, you and Jimmy Fairly agree to refer the dispute to binding arbitration. (See Binding Arbitration and Class
Action Waiver below). The terms of this Governing Law and Jurisdiction provision shall not deprive consumers of their right to seek remedies under the substantive consumer protection laws applicable to them in their states of residence.

 

Binding Arbitration and Class Action Waiver

YOU AND JIMMY FAIRLY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS)
BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE WEBSITE, THE WEBSITE’S CONTENT AND PRODUCTS, INCLUDING ADVERTISEMENTS, DISCLOSURES, AND EMAILS, OR ANY PURCHASE, RETURN, OR OTHER TRANSACTION THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration will be administered by the American Arbitration Association under its Rules of Arbitration applying
New York law.

Except as otherwise provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the
arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JIMMY FAIRLY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed
and the remaining arbitration terms will be enforced.

 

Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

IV - ADDITIONAL TERMS

These Terms constitute the sole and entire agreement between you and Jimmy Fairly regarding the Website and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the Website. Headings are for reference purposes only and in no way define or limit the scope of the section. No waiver by Jimmy Fairly of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Jimmy Fairly to assert a right or provision under these Terms shall not constitute a waiver of such right or provision, and the failure of Jimmy Fairly to act with respect to a breach of the Terms by you or others does not constitute a waiver and shall not limit Jimmy Fairly’s rights with respect to such breach or any subsequent breaches.

 

Force Majeure

Jimmy Fairly shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, cyberattacks, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

 

Notices

We may provide any notice to you under these Terms by: (i) sending a message to the email address you have provided for your account or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms, you must contact us by email at wecare@jimmyfairly.com. We may update the
email address for notices to us by posting a notice on the Website. Notices provided by email will be effective upon
delivery.

 

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be
directed to wecare@jimmyfairly.com.