Introduction. Welcome to Jewelry Television® and to JTV.com! These terms and conditions are entered into by and between you and America’s Collectibles Network, Inc. d/b/a Jewelry Television® (“JTV”). JTV is affiliated with a variety of other companies (“Affiliated Companies”) such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of JTV. For purposes of these terms and conditions, Affiliated Companies shall include any entity or joint venture that is wholly or partially owned or controlled by JTV or MCGI, that wholly or partially owns or controls JTV or MCGI, or that is related to JTV or MCGI through common ownership. The references to “JTV” in these terms and conditions includes the Affiliated Companies that utilize any of the Websites as defined below or that link to these terms and conditions from another website.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO IMPOSES A LIMITATION ON THE TIME TO BRING CERTAIN CLAIMS AGAINST JTV.
BY ACCESSING WWW.JTV.COM, OTHER JTV WEBSITES, LINKED SITES, JTV’S MOBILE SITE OR MOBILE APPS THE “WEBSITES”) OR ORDERING PRODUCT(S) FROM JTV, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS (THE “AGREEMENT). IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU CANNOT ACCESS OR USE THE WEBSITES OR ORDER FROM THE WEBSITES OR JTV’S TELEVISION NETWORK (THE “NETWORK”). LIKEWISE, IF YOU HAVE MADE A PURCHASE FROM JTV, YOU HAVE AGREED TO THIS AGREEMENT.
Use of the Websites and Network. Use of the Websites and ordering from the Network are restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are acting with the permission of a parent or guardian. By using any of the Websites or ordering from the Network, you represent to JTV that you are in one of these age categories.
You hereby agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of any of the Websites and/or the Network. As a condition of access to and use of the Websites and/or the Network, you warrant to JTV that you will not access or use any of the Websites or the Network for any purpose that is unlawful or prohibited by this Agreement.
If you would like, you may register on www.jtv.com (and other Websites as permitted) by creating an account. In order to register, we will require that you provide certain information, which may include your name (not an assumed name), valid address, valid email address and valid phone number. You are responsible for providing JTV with updated contact information. JTV will rely on the most recent information provided by you in order to contact you.
You should take all reasonable steps to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken under your password on any of the Websites. You agree to be financially responsible for all of your use of the Websites and the Network.
Mobile Site and Applications (“Apps”). You may also access the Websites and mobile platforms from your mobile phone or other device via JTV’s Mobile Site or Mobile Apps (the “Mobile Services”), including the ability to research products and place orders. JTV does not charge for this access, but your mobile carrier’s normal data, Internet, text messaging (SMS), and other service fees and charges apply to your use of, and access to, the Mobile Services. You are responsible for all charges and fees from your mobile carrier. Do not use the Mobile Services while driving. The Mobile Services may not be compatible with all mobile devices and carriers. If you have installed the Mobile App on your mobile device, you may receive “push” messages from JTV even when the Mobile App is not active, unless you “opt out” of receiving such messages. You agree that JTV may communicate with you by SMS, MMS, or other electronic means and that certain information about your usage of the Mobile Services may be communicated to JTV. Data about your location may be transmitted to JTV in order to provide you with certain information such as the JTV broadcast channel in your area. JTV does not guarantee that the Mobile Services will be available at all times or in all areas. Unfortunately, no data transmission via a mobile device can be guaranteed to be 100% secure; accordingly, you acknowledge that your use of the Mobile Services, including the transmission of personal information, is at your own risk.
Price and Ordering. All prices shown on the Websites and the Network are quoted in United States Dollars. In addition to the price for goods and services, JTV will add charges for shipping and handling and also sales tax (where required by law) to all orders. JTV reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Websites and the Network without incurring any obligation to you. Descriptions of, or references to, products or services on the Websites and/or the Network do not imply endorsement of that product or service, or constitute a warranty, by JTV.
JTV reserves the right to decline or cancel your order, or any portion of it, for any reason. For example, JTV may cancel an order because the number of items in inventory is insufficient to fulfill all orders. Similarly, you have the right to cancel your order for any reason until your order has entered the fulfillment process. After that time, you may obtain a refund by following our refund policy. JTV reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In addition, in the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, JTV shall have the right to refuse or cancel orders placed for the product when it was listed at the incorrect price, regardless of whether the order has been confirmed and your method of payment has been charged. If you have already been charged for the purchase and your order is canceled, JTV shall promptly issue a credit to your method of payment in the amount of the incorrect price.
Video content about an item, including recorded programming, is offered only to provide information about the features of that item. It may not reflect present prices, promotional offers or availability.
Stretch Pay™ Installment Payment Program (“Stretch Pay™"). StretchPay™ allows you to purchase certain items by paying a deposit and making installment payments over a specified amount of time. JTV will designate any item that is eligible for StretchPay™ (an “SP Eligible Item”) with a graphic or other indicator on its broadcast and on one of the Websites. JTV will also designate the deposit and the number of installment payments that will be accepted for each SP Eligible Item.
The amounts of the deposit and the installments will be calculated as follows. The product price will be divided by the deposit and number of monthly installments. Shipping and handling, applicable taxes and all services (including, without limitation, Jewel Safe™ warranties, appraisals and sizing) will be added to the deposit amount. In some instances, the product price cannot be paid in precisely equal payment amounts. When that occurs, the deposit may be adjusted appropriately, usually only by a few cents, to make sure the purchase price is paid in full.
The following example demonstrates how the amounts of the deposit and each installment will be calculated. A customer orders a $250 tanzanite ring through a three payment StretchPay™ installment offer. Shipping and handling is $3.95, and the customer wants an appraisal that costs $50. The deposit payment would be $137.29 ($83.34 + $3.95 + $50). The two monthly installment payments would be $83.33 each.
The following methods of payment can be used for SP Eligible Items: Visa, MasterCard, American Express, Discover Card and JTV Preferred Account (each referred to as an “SP Eligible MOP”).
By choosing to use StretchPay™ on any SP Eligible Item, you authorize JTV to charge your SP Eligible MOP for the deposit on the day the SP Eligible Item ships. An appropriate number of installment(s) will be charged every 30 days thereafter until the price of the SP Eligible Item is paid in full.
If any charge for an SP Eligible Item is declined, we may resubmit it the number of times permitted by payment card rules. If the charge is declined after being resubmitted as permitted by the payment card rules, we may charge you reasonable costs of collection. In order to avoid declines, you agree to provide us with updated information if the number changes on your SP Eligible MOP or the card expires, and you authorize us to charge updated card information that we may obtain from other sources.
Disputes concerning your participation in the Stretch Pay™ Program (including past due payments) are subject to JTV’s Disputes Policy contained in these Terms and Conditions.
You must choose to participate in StretchPay™ at the time you order an SP Eligible Item. StretchPay™ cannot be used with an existing order or on any item that is not an SP Eligible Item.
By purchasing any SP Eligible Item, you agree to be bound by JTV’s Terms and Conditions, including the above terms and conditions for StretchPay™. You also agree that to the extent required by law, by purchasing any item from JTV, through placing an order with our call center, providing your debit/credit card number, providing other identifying information, by ordering on one of our Websites and/or any other actions to effect an order, you have provided your electronic signature agreeing to JTV’s Terms and Conditions and otherwise agree to JTV’s Terms and Conditions.
You can use a JTV Gift Card or your Brilliant Cash Rewards (“GC/BC Balance”) to make the first Stretch Pay payment (your deposit). If your GC/BC Balance won’t cover your first payment on your Stretch Pay™ purchase (and the difference is more than $1), you may simply apply your GC/BC Balance to the first payment, and we’ll charge your method of payment for the remaining amount. For example, if your deposit payment is $100 and your Gift Card balance is $40, we’ll reduce your Gift Card balance by $40 and charge your method of payment for what’s left over ($60).
If your GC/BC Balance is larger than the amount of the first payment, we’ll need to add one small step--charging your method of payment for $1. This will allow us to set up your method of payment for the future installments. We’ll also need to add this step if you want to use your GC/BC Balance to make the first payment and the combined balances exceed the amount of that payment.
Here’s an example of how this will work. Nadine is purchasing a $500 item on Stretch Pay™. She’ll have a total of five payments of $100. Nadine has $75 in her Brilliant Cash Rewards account and a $50 JTV Gift Card. She wants to use them both for her first payment. We’ll reduce her Brilliant Cash Rewards balance by $75. We’ll then reduce her JTV Gift Card by $24 and charge her VISA card for $1. At that point, Nadine will have made her first StretchPay™ payment, and she’ll still have $26 left on her JTV Gift Card. Her remaining StretchPay™ installments will be charged to her VISA card.
Shipping. The risk of loss and title for all products purchased by you and shipped by JTV pass to you upon JTV's tender of the products to the carrier for delivery by the carrier to your specified delivery address. The risk of loss and title for all products purchased by you and shipped directly by one of JTV’s vendors pass from such vendor to you upon such vendor's tender of the products to the carrier for delivery by the carrier to your specified delivery address. Notwithstanding the agreement that risk of loss for any package passes to you upon delivery to the carrier, to accommodate our customers, JTV will assume responsibility for any damage or loss in transit or for non-delivery, provided that JTV receives a written notice of claim within the earlier to occur of (i) forty-five (45) days from the order date, (ii) thirty (30) days from the shipment day, or (iii) twenty (20) days from the date when the shipment was delivered to your specified delivery address. JTV’s assumption of responsibility for damage or loss in transit or for non-delivery terminates if a written claim is not timely received by JTV. In any event, JTV’s responsibility is limited to either replacement of the merchandise, or at JTV’s sole option, return of the purchase price and shipping charges. Once the package is delivered to your specified delivery address, JTV’s assumption of responsibility for non-delivery terminates. Any package signed for at your specified delivery address or delivery at your specified delivery address is verified in writing by the carrier shall be conclusively deemed delivered to your specified delivery address.
Additional Terms. The policies (that are contained in the Help section of the Websites, including those listed below, are incorporated into this Agreement and provide additional terms and conditions concerning your dealings with JTV: Links to such additional terms are typically displayed in the Help section alongside this Agreement. Links to several of these policies are also listed below:
• JTV Community Policy
• JTV Gift Cards
• JTV Brilliant Cash
Changes and Amendments. JTV RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS, INCLUDING THE ADDITIONAL TERMS REFERENCED ABOVE, FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO ANY OF THE WEBSITES. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITES PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITES AND/OR PLACING ORDERS ON THE NETWORK OR THE WEBSITES AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.
Access and Interference. You agree that you will not take any action that imposes or may impose (in JTV’s sole discretion) an unreasonable or disproportionately large load on JTV’s infrastructure; use any robot, spider, scraper or other automated means to access any of the Websites for any purpose without JTV’s express written permission; interfere or attempt to interfere with the proper working of any of the Websites or any activities conducted on the Websites.
Content on the Websites. The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the Websites, as well as the selection, assembly and management thereof are herein collectively referred to as the "Content." JTV reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at any time without notice to you.
Unless otherwise agreed in writing, the Content is the exclusive property of JTV and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by JTV or by third parties that have licensed their use to JTV. Unless JTV agrees otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on its Websites or the Network and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by JTV is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the Websites or the Network should be construed as granting, by implication or otherwise, any license or right to use any displayed trademark or service mark without the written permission of JTV or any third party that may own such trademarks or service marks. JTV will aggressively enforce its intellectual property rights to the fullest extent of the law. The Content may contain errors, inaccuracies, omissions and typographical errors or may be out of date. You acknowledge that JTV provides the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on JTV unless specifically indicated to be so.
Termination. You and JTV shall each have the right to terminate this Agreement at any time and without prior notice to the other; provided however, that such termination will not affect the obligations, rights and liabilities that may have accrued or arisen prior to the date of termination. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the Websites and/or the Network and that you will immediately cease your use of the Websites and the Network.
JTV shall be under no obligation to continue operation of the Websites or the Network. JTV may terminate operation of the Websites or the Network or any portion thereof, or any products or services offered through the Websites or the Network or terminate any individual's right to access or use the Websites or the Network at any time without notice to you, in its sole discretion, without any liability to you whatsoever.
Provisions of this Agreement will survive termination if survival after termination is reasonably necessary to their intent. Surviving provisions include without limitation, the restrictions imposed on you with respect to the Content and provisions addressing disclaimers, indemnities, limitations of liabilities, governing law, venue, arbitration, class action and jury waivers, time limits on making claims, and dispute resolution.
Indemnity. You agree to defend, indemnify and hold harmless JTV, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney's fees, arising out of or relating to your breach of this Agreement or your access to or use of the Websites or the Network; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from JTV’s gross negligence or willful misconduct.
Breach of this Agreement. If you breach any part of this Agreement, JTV may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Links to Other Third-Party Sites. Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by JTV of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by JTV, and JTV is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk. Also, any activities and transactions on another internet site linked to any of the Websites are subject to this Agreement in addition to any terms and conditions specified in the linked site. In the event of inconsistencies between the terms and conditions of any of the Websites and the linked site, the terms and conditions of the linked site prevail.
About Gemstone Treatments. Following a rigorous protocol, JTV verifies and attempts to inform its customers about material treatment of the stones JTV sells. Despite JTV’s protocol, it is possible that some forms of material treatment may occur without JTV’s knowledge. The treatment information JTV provides is to the best of its knowledge. To learn more, visit www.jtv.com/library.
Disclaimer and Limitation of Liability as to the Website and Content. JTV MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITES, THE NETWORK, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY OF THE WEBSITES OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. JTV ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE WEBSITES AND ALL CONTENT PROVIDED ON THE WEBSITES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL JTV, ITS SUPPLIERS OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF JTV OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).
Disclaimer and Limitation of Liability as to Products and Services. JTV WANTS YOU TO BE COMPLETELY SATISFIED WITH YOUR PURCHASES THROUGH THE WEBSITES AND THE NETWORK. EXCEPT FOR NON-RETURNABLE ITEMS (ITEMS THAT HAVE BEEN SIZED, ALTERED BY A THIRD PARTY, SOLD AS SCRATCH AND DENT OR OTHERWISE NON-RETURNABLE IN ACCORDANCE WITH JTV’S PUBLISHED POLICIES), IF FOR ANY REASON YOU ARE NOT ENTIRELY PLEASED WITH A PRODUCT YOU PURCHASED FROM JTV SIMPLY RETURN IT AS SPECIFIED IN JTV’S RETURN POLICY WITHIN THIRTY (30) DAYS OF RECEIPT FOR EXCHANGE OR FULL REFUND OF THE PURCHASE PRICE. JTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITES OR NETWORK MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS.
UNDER NO CIRCUMSTANCES SHALL JTV, ITS SUPPLIERS OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF JTV OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITES OR THE NETWORK, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Entire Agreement. Unless otherwise stated by JTV in writing, this Agreement constitutes the entire agreement between JTV and you with respect to the subject matter addressed in this Agreement, and it supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Applicable Law. This Agreement and the rights and obligations of the parties arising out of or relating in any manner to any product(s) purchased from JTV (on either the Websites or the Network), orders placed for such product(s), return of such product(s), use of such product(s) and/or use of the Websites or Network shall be governed and construed according to the Federal Arbitration Act, federal law, and laws of the State of Tennessee, as applicable, without regard to conflicts or choice of law provisions; provided however, that state and federal class action rules shall not apply to any Claim between you and JTV. (“Claim” is defined below in the provision addressing arbitration.)
DISPUTE RESOLUTION AND ARBITRATION. 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 ANY PRODUCT(S) PURCHASED FROM JTV (ON EITHER THE WEBSITES OR THE NETWORK), ORDERS PLACED FOR SUCH PRODUCT(S), SHIPPING AND HANDLING OF SUCH PRODUCT(S), RETURN OF SUCH PRODUCT(S), USE OF SUCH PRODUCT(S), THIS AGREEMENT AND/OR USE OF THE WEBSITES OR NETWORK (“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 PROVISON, INCLUIDNG 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, YOU AGREE THAT ALL CLAIMS YOU HAVE AGAINST JTV 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.)
General. No waiver by JTV of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.
JTV shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (DMCA), JTV has designated an agent to receive notification of alleged copyright infringement occurring on the website.
DMCA Notification Agent
Attn: JTV Legal Department
9600 Parkside Drive
Knoxville, Tennessee 37922
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For JTV to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing JTV of an alleged copyright infringement, you should include the following information:
• Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
• Describe the material that is claimed to be infringing and provide sufficient information to permit JTV to locate that material, including the item number, if applicable.
• Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
• Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
• Certify that the information that you have provided JTV is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
• Include your physical or electronic signature.
• JTV may not be able to act on your complaint promptly or at all if you do not provide this information.
LAST REVISED: August __ 2018.