JTV Promotional Cards: Terms and Conditions
General Terms And Conditions for JTV Promo Card Program
Introduction. JTV® Promotional Gift Cards (“Promotional Cards” or “Promotional Card” in the singular) are issued by America’s Collectibles Network, Inc. dba JTV® (“JTV” or "We" or sometimes referred to as “ACN”). JTV can delegate its issuer obligations to an assignee, without recourse. If delegated, the assignee, not JTV, will be the sole obligor to the Promotional Card owner.
Please read this Agreement carefully. It includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.
Validity of Promotional Card. Promotional Card is not valid in states where it's prohibited by law.
Expiration. Card expires as indicated on the front of the card, unless prohibited by law.
Fees. There are no fees charged to use your Promotional Card.
Restrictions. Promotional Card is not refundable or redeemable for cash unless required by law. Promotional Card cannot be resold without authorization. Promotional Card cannot be used to purchase other Gift Cards, as payment for any item bought using StretchPay, or as payment on any credit account or on an existing installment plan. Promotional Card is not reloadable. If lost, stolen, used without authorization, or used in violation of these terms, Promotional Card will not be replaced.
Returns. If you return the merchandise you purchased with the Promotional Card before the Promotional Card expires, JTV will issue you a credit to your JTV account. Any charges connected with the return, such as shipping or restocking fees (“Return Expenses”) will be deducted before the credit is made to your JTV account. Amounts paid using multiple methods of payments, such as a Visa Card and a Promotional Card, will be refunded in the same amounts to the original methods of payment, less Return Expenses. This credit must be used before the Promotional Card expires. When the Promotional Card expires, any credit existing for returned merchandise will also expire.
Dispute Resolution and Arbitration/ Limitations on Liability and Damages
Arbitration Rights / Class Action and Jury Trial Waiver/Time Limit on Claims
Under this Agreement, both you and JTV have given 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, except as set out below. Other rights that you would have in court may also be unavailable or limited in arbitration.
ARBITRATION. Any controversy or claim EITHER PARTY MAY HAVE AGAINST THE OTHER, WHETHER PRE-EXISTING, PRESENT OR FUTURE, IN CONTRACT OR TORT OR OTHERWISE, arising out of or relating in any manner to PROMOTIONAL CARDS, PROMOTIONS, REWARDS PROGRAMS, Products or Services purchased from OR PROVIDED BY JTV (on either the websites, the network or its mobile apps (the “PRODUCTS”), orders placed for the product(s), return of the product(s), use of the product(s), THIS AGREEMENT and/or use of the websites, network or mobile apps (“Claim”) shall be settled EXCLUSIVELY AND FINALLY by individual binding arbitration administered by the American Arbitration Association (“AAA”) using the AAA's rules and procedures applicable to consumer disputes. the aaa’s rules are available at www.adr.org or by calling 1-800-778-7879. Any decision or award as a result of any such arbitration proceeding shall be in writing and final and shall provide an explanation for all conclusions of law and fact. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY and shall 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 of this Agreement is void, voidable or otherwise invalid. An award of arbitration may be confirmed in a court of competent jurisdiction in the venue in which the arbitration is conducted. Such arbitration shall be specific to you. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. JTV will reimburse those fees for claims totaling less than $5,000.00 unless the arbitrator determines your claims are frivolous.
CLASS ACTION WAIVER. You expressly waive your right to PARTICIPATE IN OR BRING any CLASS action against JTV, either in arbitration or in any court, AS A LEAD PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL OR AS PART OF A CONSOLIDATED ACTION.
CERTAIN SMALL CLAIMS. for claims that DO NOT EXCEED $5,000 and do not involve a request for an injunction or other equitable relief, both parties retain the right to seek adjudication in a COURT IN the county of your residence. You waive any right to consolidate or otherwise combine your Claim with any Claim(s) filed by other persons.
INTELLECTUAL PROPERTY DISPUTES. notwithstanding language in this agreement to the contrary, either YOU OR JTV MAY FILE SUIT IN COURT TO ASSERT INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY.
EXCLUSIVE VENUE AND JURY TRIAL WAIVER. In the event the foregoing AGREEMENT TO ARBITRATE is held to be unenforceable by any court OR ARBITRATOR, you and JTV agree to submit to the exclusive jurisdiction of the courts located in Knox County, Tennessee to resolve any Claim. you also agree to the exclusive jurisdiction of such courts for intellectual property disputes. IN EITHER SITUATION, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
TIME LIMIT ON CLAIMS. EXCEPT FOR claims concerning INTELLECTUAL PROPERTY and INDEMNITY, ANY CLAIM THAT THE PARTIES HAVE AGAINST EACH OTHER must be commenced within one year after the Claim or cause of action arises or such Claim or cause of action shall be barred. (“claim” is DEFINED IN THE ABOVE SECTION ADDRESSING ARBITRATION.) IN claims INVOLVING AMOUNTS YOU OWE FOR PURCHASES UNDER JTV’S STRETCH PAY PROGRAM, THE ONE YEAR PERIOD for initiating claims WILL BEGIN WHEN THE FINAL INSTALLMENT FOR SUCH PURCHASE IS OR WOULD HAVE Become due.
Limitations of Liability and Damages. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROMOTIONAL CARDS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A PROMOTIONAL CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PROMOTIONAL CARD. RECOVERY OF DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES, AND MAY NOT INCLUDE ANY INDIRECT, SPECIAL, CONSEQUENTIAL, ENHANCED, OR PUNITIVE DAMAGES. YOU HEREBY AGREE TO WAIVE THE RIGHT TO SEEK OR RECOVER ANY INDIRECT, SPECIAL, CONSEQUENTIAL, ENHANCED, OR PUNITIVE DAMAGES.
Note: In some states, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.
Extension to Related Entities / Persons and Survival. The foregoing arbitration provision, limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to your purchase, acceptance or otherwise use of the Promotional Card or this Agreement, against any entity or person affiliated with JTV and any of their respective directors, officers, employees, or other representatives.
The foregoing arbitration provision, limitations, and waivers shall also survive the termination of this Agreement.
Governing Law and Disputes. Your use of the JTV Promotional Card and this Agreement, evidences transactions affecting interstate commerce, which render this Agreement subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. This Agreement shall otherwise be governed by and construed in accordance with the substantive laws of the State of Tennessee, without reference to any rules regarding conflicts of law; provided however, that state and federal class action rules shall not apply to any Claim between you and JTV.
Effective Date. These Terms and Conditions are effective upon publication on this website. You should not accept, redeem or otherwise use a Promotional Card if you object to this Agreement. Acceptance, redemption or use of the Promotional Card constitutes acceptance of this Agreement.
Updated as of May 29, 2019.
Please check back often for any changes to these Terms.