Terms of service

Jojo Group LLC welcomes all of the valued customers, visitors and users of the woolinos.shop website (the “Site” or “Website”). Please review our Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access to and use of the Site as well as any services (“Services”) we may provide you through the Site. These Terms form a contract between you and Jojo Group LLC (“Woolino”, “Us”, “We” or “Our”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND Woolinos WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 

1. RESERVATION OF CHANGES.

We may change the Site and Services we offer and/or choose to modify, suspend or discontinue this Website at any time and with no notification to you. Any new products, and any new web features or tools, which are added to the current store shall also be subject to the Terms in this Agreement. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes.  Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. Unless otherwise stated, these expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

 

2. GENERAL USE.

The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

We invite you to use this Website for individual, consumer purposes (“Permitted Purposes”). In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the text, data, information, software, graphics, photographs and other content (“Materials”) on the Sites; your right to use the Materials is conditioned on your compliance with these Terms.

When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Woolinos for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

 

a.     Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Woolinos through a separate, written agreement (this restriction does not apply to search engines that comply with Woolinos’s robots.txt file);

b.     Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Woolinos’s robots.txt file);

c.     Circumventing the technological protection measures of the Website;

d.     Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

e.     Disrupting or otherwise interfering with the Website or its associated servers or networks;

f.      Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;

g.     Diverting or attempting to divert customers of the Website to another website or service;

h.     Sending unsolicited or unauthorized communications to users of the Website or third parties;

i.      Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;

j.      Reverse engineering, decompiling, translating, or disassembling the Website or its content; and

k.     Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

Woolinos reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. We also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice. If you breach any of these Terms the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials and any copies thereof.

 

3. USING THIS WEBSITE AND THE WEBSITE’S SERVICES.

We appreciate you visiting this Website and allow you to visit the Website without registering with Us. By using this Website, you represent, acknowledge and agree that you are at least 18 years of age, and you agree to be bound by these Terms of Service. You also acknowledge and agree that any interactions, orders or requests you make via telephone, chat or through a customer service representative on your behalf will be bound to our Terms of Service. In order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, We may require you to successfully register an account with Us.

    a. PASSWORD-RESTRICTED AREAS OF THIS WEBSITE.

If you want an account with Us, you must submit the following information through the account registration page on this Website: 1) a working email address; 2) your first and last name; and, 3) a password.

You may also provide additional, optional information so that we can provide you a more customized experience when using this Website. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes. If you forget your password, we will send a password update to your provided email address.

You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for This Website has been breached in any way, you must immediately notify Us.

 

    b. PAYMENTS.

You agree to pay all applicable fees related to purchases made on this Website. We may suspend or terminate your account and/or access to Our Services and this Website if your payment is late and/or your offered payment method (e.g., financing, credit card or PayPal) cannot be processed. By providing a payment method, you expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your purchases. We partner with financing providers such as Affirm to offer financing of purchases on our Site. If you select to make a purchase using the Shop Pay Installments (Affirm) financing option, your purchase will be subject to Shop Pay(Affirm)’s Terms, including completion of a credit check and approval. See Affirm – Help for details.

Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Woolinos until we accept your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Woolinos, and Woolinos strives to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Woolinos is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Woolinos payment processor. You agree that you will not initiate any chargebacks to Woolinos unless otherwise authorized by Woolinos in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Woolinos.

 

You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. Woolinos will report as income all payments received from you to Woolinos to all proper taxing authorities.

We understand that you might cancel your account, but please know that we will only provide refunds in accordance with the “Cancellations, Returns, Exchanges, and Refunds” section below. Risk of loss and title for products you purchase from Us pass to you upon delivery of any such products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

    c. CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS.

You may cancel an order any time prior to processing. You may return any of your products for a full refund (not including fees for shipping) subject to the terms and conditions for returns for each of our products. Our return and refund policies for our products, which are incorporated into these Terms, are available on our Site.

We reserve the right to reject any and all orders, for any reason. More details regarding our refund policy can be found on our Returns and Warranty page, which is incorporated into this Agreement in full.

Refunds will be issued in the form of the original payment. If you purchased a product using an Offer Code (as defined herein), the dollar value of the Offer Code will not be refunded or credited back if any or all products are returned.

Unless a product exchange is requested due to a manufacturing defect or a warranty claim, exchanges are processed as returns and refund requests are processed as described herein.  After returning the product to be exchanged, you may place an order for the replacement product.  You may only request one exchange. Repetitive or similar warranty or defect claims will not be honored on any replacement products. No refunds will be given for shipping fees or for White Glove Service fees on product exchanges or returns.

If you wish to return any products you purchased from us, please contact Customer Service by email at [email protected] to arrange for the return. Once the products have been returned and if such products fulfill the terms and conditions herein, you will be refunded the entire amount paid for such products less (i) any offer code or other discounts, (ii) fees for shipping and (iii) fees for White Glove Services.

    d. OFFER CODES.

From time to time, we may offer qualified consumers offer codes (“Offer Codes”) through various communications and advertising channels that are redeemable towards a purchase on the Website, while supplies last, and subject to certain product exclusions or any other restrictions as determined and communicated by Us in Our sole discretion. Only valid Offer Codes provided by Us and fulfilling the terms of such Offer Code will be honored at checkout. Offer Codes supplied by a third party unauthorized to provide such Offer Codes by Us will not be considered valid. Each Offer Code is non-transferable and valid for single use on an item as provided in the terms and in Our sole discretion. Offer Codes cannot be used towards taxes. Offer codes may be subject to a minimum purchase requirement. Please see the requirements on minimum purchases that accompany the delivery of your Offer Code. The Offer Code must be provided in the applicable box at checkout when purchasing the product. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of the Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the products are returned. Offer Codes may have expiration dates and we may decide to stop accepting any Offer Codes or stop any promotion at any time for any reason in Our sole discretion. Offer Codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all terms and conditions of the Offer Codes will not be honored. 

 

4. ELECTRONIC COMMUNICATIONS.

By using the Website and/or the Services provided on or through the Website, you consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications may be in writing.

 

5. OUR TEXT MESSAGE PROGRAM

This Website currently utilizes the services of Klaviyo, Inc./Attentive for text message marketing and customer communication. By participating in this Website’s Text Messaging Program, you agree to receive recurring automated promotional and personalized marketing texts (e.g., SMS and MMS) messages (e.g. cart reminders) from Us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or to any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Standard carrier message & data rates may apply.

Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will attempt to notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Us, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

To opt out of our text message program, text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Us and Our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Us through any other programs you have joined until you separately unsubscribe from those programs.

Dispute Resolution – In the interest of resolving disputes between you and Woolinos in the most expedient and cost effective manner, you and Woolinos agree that any dispute arising out of or in any way related to these text messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Us or Our service providers will be resolved according to Section 16 of these terms.

 

6. PRIVACY POLICY.

We respect the information that you provide to Us, and want to be sure you fully understand exactly how we use that information. So please review Our Privacy Policy which explains everything in better detail.

 

7. LINKS TO THIRD-PARTY SITES.

We think links are convenient, and we sometimes provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

 

8. SUBMISSIONS.

Certain areas of this Website (e.g. customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, photos, videos, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising Us that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Us the rights in your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in Our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and
  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

 

9. CUSTOMER PRODUCT REVIEW WEBSITE MODERATION POLICY.  

Customer reviews will be curated in a timely manner and in Our sole discretion, whether solicited or unsolicited and without regard to the star value of the review, as follows:

We reserve the option to remove a customer review:

  • If the review is incomprehensible;
  • If the review includes obscene or vulgar language;
  • If the review includes harassment or threats of violence or harm;
  • If the review is unrelated to the review or use of the product purchased;
  • If the review includes inappropriate references to race, religion, gender, sexuality, or ethnicity;
  • If the review is false, misleading, or appears intended to direct customers to a competitive website or affiliate link;
  • If the review includes non-public, personal information such as emails, phone numbers, physical addresses, or other forms of contact information;
  • If, in the good faith judgment of the Woolinos marketing team, the review is suspected to have been created by:
    • a bot (and not a real human);
    • a competitor (and not a real customer);
    • a consumer who did not actually purchase the product or receive services; and,
  • If, in the good faith judgment of the Woolinos Marketing team (and in Our sole discretion), the review is deemed to be inappropriate or offensive for any other reason.

Violation(s) of the Guidelines – A customer’s violation of this Policy may lead to the restriction of the customer’s ability to post reviews, removal of their content, or suspension or termination of the customer’s Website account.

Uniformity - All guidelines are applied uniformly to all reviews submitted, regardless of whether the review provides positive or negative customer feedback, particularly when deciding whether or not we remove or refuse to post a review. For example, if we withhold a negative review for including obscene language, we will also withhold positive reviews that include obscene language.

Reviews will only be removed if they violate any of the guidelines listed above.

Sorting & Filtering Reviews – All customer reviews will include the date of the review, and their order may be sortable by date, relevance, or some variables selectable by the consumer; We reserve the right to adjust the filters and sorting features at any time.

Outreach & Solicitation – On occasion, We may identify and contact our customers to solicit a customer review. If any incentive is provided in exchange for a review (e.g., discount, payment, opportunity, etc.), then the reviewer must disclose that “material” connection clearly in the review. See the FTC’s Endorsement Guidelines for more details. To the extent the reviewer fails to disclose such compensation, We will remove the review consistent with these guidelines.

 

10. INTELLECTUAL PROPERTY RIGHTS

Woolinos®, 4 Season®, Ecolino® are trademarks of Jojo Group LLC. All rights reserved. All other trademarks, product names, and company names and logos appearing on woolinos.shop are the property of their respective owners.

 

11. INDEMNIFICATION

Indemnification. You agree to indemnify, defend, and hold harmless Woolinos, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend Woolinos will not provide you with the ability to control Woolinos’s defense, and Woolinos reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

 

12. DISCLAIMER OF WARRANTIES; LIMITED WARRANTY.

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

All information contained on Our Website is intended for informational and educational purposes. The information is not intended nor suited to be a replacement or substitute for professional medical treatment or for professional medical advice related to back, neck, hip pain (or any other types of pain) or sleeping disorders. We urge you to always seek the advice of your physician or medical professional with respect to your medical condition or questions. As a recipient of information from this website, you are not establishing a doctor/patient relationship with any physician.

The products sold through this Site are subject to the terms of the individual product limited warranties available on our site (the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and the terms of any Product Warranty, the terms of the applicable Product Warranty shall govern.

 

13. LIMITATION OF LIABILITY.

WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT Woolinos WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT Woolinos’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $250, WHICHEVER IS LESS.

 

Woolinos EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE.

 

Woolinos WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

 

14. LOCAL LAWS; EXPORT CONTROL.

We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.

 

15. FEEDBACK.

Any submissions by you to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, online submission, text, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

 

16. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Us in the same proceeding.

  1. Pre-Arbitration Claim Resolution– For all Disputes, whether pursued in court or arbitration, you must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at [email protected] the following information: (1)Your name, (2) Your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
  2. You and Woolinos agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products through the Website, will be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Woolinos agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Expedited Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform.
  3. This arbitration will be conducted in the English language. The decision of the Neutral will be final and binding on the parties and judgment on any award(s) rendered by the Neutral may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The Neutral shall award all fees and expenses, including reasonable attorney's fees, to the prevailing party. Any judgment rendered by the Neutral may be entered in any court of competent jurisdiction.
  4. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THIS WEBSITE OR PRODUCTS OFFERED THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU AND LEGACY EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN OR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
  5. Any claims must be brought within one year of each applicable invoice or will otherwise be barred.
  6. Any claims not subject to arbitration under this Agreement must be brought in Ventura County, CA and will be governed by the laws of the State of California without regard to its conflict of laws rules. By using the Website and agreeing to these terms, you waive any argument regarding improper venue.

 

17. CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service is provided by Jojo Group LLC and / or its subsidiaries and is owned and operated by Jojo Group LLC. If you have a question or complaint regarding the Website or Service, please contact Customer Service at [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

18. ERRORS AND OMISSIONS

 

Occasionally there may be information on our Website, our packaging, or our product manuals that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Woolinos reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

19. MISCELLANEOUS

 

Force Majeure. Woolinos will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Woolinos’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

 

Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Woolinos.

 

Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

 

Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. Woolinos reserves the right to assign its rights and duties under this Agreement, including in a sale of Woolinos or its Website.

 

Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.