John Varvatos® Website Terms and Conditions
The John Varvatos® Offerings (as defined below) are owned and operated by John Varvatos Enterprises, Inc. (“John Varvatos®,” “we,” “our” or “us”). Each end-user (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the John Varvatos® website located at promin-pku.com (the “Site); (b) accesses and/or downloads any of the text, fitting guides, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site (collectively, “Content”); (c) registers to receive e-mail updates from John Varvatos®, including updates regarding John Varvatos® Merchandise (as defined below) (“E-mail Updates”); (d) utilizes our store locator to locate John Varvatos® stores near your designated location (“Store Locator”); (e) accesses links to John Varvatos® social media pages/accounts on third-party social media websites, such as Facebook®, Instagram®, Twitter® and YouTube® (collectively, “Social Media Pages”); (f) accesses information regarding employment opportunities with John Varvatos® (“Career Opportunity Listings”); and/or (g) purchases John Varvatos® clothing, accessories, shoes and other merchandise (collectively, the “Merchandise,” and together with the Site, Content, E-Mail Updates, Store Locator, Social Media Pages and Career Opportunity Listings, the “John Varvatos® Offerings”).
Instagram® and Facebook® are registered trademarks of (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that John Varvatos® is not in any way affiliated with Facebook, Google or Twitter, nor are the John Varvatos® Offerings endorsed, administered or sponsored by any of the foregoing entities.
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE JOHN VARVATOS® OFFERINGS IN ANY MANNER OR FORM WHATSOEVER.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST JOHN VARVATOS®, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the John Varvatos® Offerings. The Agreement constitutes the entire and only agreement between you and John Varvatos® with respect to your use of the John Varvatos® Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the John Varvatos® Offerings shall be subject to the Agreement. You understand and agree that John Varvatos® is not responsible or liable in any manner whatsoever for your inability to use the John Varvatos® Offerings.
2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the John Varvatos® Offerings. By your continued use of the John Varvatos® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements; Account; Termination of Access to the John Varvatos® Offerings; Necessary Equipment. The John Varvatos® Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The John Varvatos® Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals who are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the John Varvatos® Offerings.
As part of the account (“Account”) registration process, Users will be provided with, or must select, a user-name and/or password for the Site. If the user-name(s)/password(s) that a User requests is/are not available, that User will be asked to supply another user-name/password. If John Varvatos® provides a User with a user-name/password, that User can change that user-name and/or password, or the one that the User selected during registration, at any time through her/his Account settings. We may, in our sole discretion, reject, change, suspend and/or terminate any user-name. Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted. Impersonating other Users is prohibited. Each User agrees to notify John Varvatos® of any known or suspected unauthorized use(s) of her/his Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his user-name(s)/password(s). Each User shall be responsible for maintaining the confidentiality of her/his user-name(s)/password(s) and Account. Each User agrees to accept responsibility for all activities that occur through use of her/his user-name(s)/password(s) and Account, including any charges incurred therethrough. Any fraudulent, abusive or otherwise illegal activity engaged in by any User, or any entity or person with access to that User’s user-name(s)/password(s) and/or Account may be grounds for termination of that User’s Account, at John Varvatos’s® sole discretion, and that User may be reported to appropriate law enforcement agencies.
To the extent permitted by applicable law, John Varvatos® may terminate your Account and/or right to access the John Varvatos® Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the John Varvatos® Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your Account and/or other use of the John Varvatos® Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the John Varvatos® Offerings. John Varvatos® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. John Varvatos® does not guarantee that the John Varvatos® Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the John Varvatos® Offerings through your wireless device. You are fully responsible for all such charges and John Varvatos® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
4. Site Forms. In order to utilize certain John Varvatos® Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address (where purchasing Merchandise); (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Merchandise); and/or (f) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
5. Content. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other John Varvatos® Offerings. The Content is compiled, distributed and displayed by John Varvatos®, as well as third-party content providers (“Third-Party Providers”). John Varvatos® does not control the Content provided by Third-Party Providers that is made available by and through the John Varvatos® Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. John Varvatos® does not represent or warrant that the Content and other information posted by and through the John Varvatos® Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that John Varvatos® will not be responsible for, and John Varvatos® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that John Varvatos® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
6. Merchandise. You can purchase Merchandise by and through the Site by completing the applicable Form and providing the requisite Registration Data, as further detailed in Section 7 below. John Varvatos® does not warrant that the Merchandise descriptions are accurate, complete, reliable, current or error free. We have made every effort to display as accurately as possible the colors of the Merchandise that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, as applicable, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Merchandise to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Merchandise that we offer. All descriptions of Merchandise, as well as Merchandise pricing, are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any Merchandise at any time. Any offer for any Merchandise made on the Site is void where prohibited.
The Site contains Merchandise inventory information. This information can be used to estimate the likelihood that the applicable Merchandise will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Merchandise listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Merchandise may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If, for any reason, we determine that backordered Merchandise is no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.
In the event that Merchandise is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, John Varvatos® shall have the right to refuse or cancel any orders placed for the Merchandise so listed at the incorrect price. John Varvatos® shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable User paid for such Merchandise. If a User has already paid for Merchandise and that order is cancelled, John Varvatos® shall immediately issue a credit to that User’s Payment Method (as defined below) in the amount of the subject charge.
7. Merchandise Purchases; Returns; Billing.
(a) Merchandise. You can purchase Merchandise by completing the applicable Form and providing the requisite Registration Data. Where you purchase Merchandise, your credit card, debit card, PayPal® and/or any other payment option provided by you (as permitted by John Varvatos® in its sole discretion) (collectively, “Payment Method”) on the Form or updated at a later date will be charged the applicable amount. Please allow one (1) to four (4) weeks for delivery of all Merchandise. Prices do not include applicable taxes. OTHER THAN AS EXPRESSLY SET FORTH HEREIN TO THE CONTRARY, ALL SALES OF MERCHANDISE ARE FINAL AND NON-REFUNDABLE.
PayPal® is a registered trademark of PayPal, Inc. (“PayPal”). Please be advised that John Varvatos® is not in any way affiliated with PayPal, and the John Varvatos® Offerings are not endorsed, administered or sponsored by PayPal.
(b) Returns. All returns and exchanges will be governed by our Returns Policy, which we may amend and/or modify at any time; provided, however, that any amendment or modification to the Returns Policy shall not apply to any purchases made prior to the applicable amendment or modification. Subject to the Returns Policy, other than where the applicable Merchandise is a free/promotional item, is listed as “final sale,” is listed as “non-refundable” or there is some other similar designation listed at the point of sale, you may return the applicable Merchandise (that is new, unworn, unaltered and has the original tags still attached) within fourteen (14) days for a full refund. Please obtain instructions for processing returns by contacting our customer service department by: (i) accessing the contact form made available at ; (ii) emailing us at email@example.com; or (iii) calling us at: (800) 780-5838. In order to be eligible for a refund, all Merchandise returns must be processed within fourteen (14) days of your receipt of the subject Merchandise shipment.
(c) General Billing Provisions. Credit or debit balances in a User's Account may be offset by any other outstanding balance owed by or to that User. The fees associated with your purchases will appear on your Payment Method statement through the identifier “JOHN VARVATOS ENTERPRISES” Failure to use the Merchandise does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of John Varvatos® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), John Varvatos® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Merchandise after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
John Varvatos’s® authorization to provide and bill for the Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. John Varvatos’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
9. Social Media Pages. The Site contains links to the various John Varvatos® Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that John Varvatos® shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
10. Store Locator. The Store Locator enables Users to conduct a search for John Varvatos® stores located near the address/zip code supplied by that particular User (collectively, “Stores”). The Store Locator may provide links, listings and an interactive map for some or all of the Stores. The pricing displayed on our Site is not necessarily the pricing that our Users should expect to find in any applicable Stores. We do not guarantee that any specific Merchandise and/or style will be available in any applicable Store. You understand and agree that John Varvatos® shall not be liable to you or any third party for any products and/or services offered by any Store, and/or any transactions entered into between you and any Store.
11. License Grant. As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the John Varvatos® Offerings. John Varvatos® may terminate this license at any time for any reason. Unless otherwise expressly authorized by John Varvatos®, as a visitor to the Site, you may only use the John Varvatos® Offerings for your own personal, non-commercial use. No part of the John Varvatos® Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the John Varvatos® Offerings except as expressly permitted by John Varvatos®. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the John Varvatos® Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the John Varvatos® Offerings. You may not use the John Varvatos® Offerings in conjunction with any other third-party content. You may not exploit any aspect of the John Varvatos® Offerings for any commercial purposes not expressly permitted by John Varvatos®. You further agree to indemnify and hold harmless John Varvatos® for your failure to comply with this Section 11. John Varvatos® reserves any rights not explicitly granted in the Agreement.
12. Proprietary Rights. The John Varvatos® Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the John Varvatos® Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the John Varvatos® Offerings. The “John Varvatos” name and logo are registered trademarks of John Varvatos Apparel Corp. The use of any John Varvatos® trademark without John Varvatos’s® express written consent is strictly prohibited. The posting of information or material by and through the John Varvatos® Offerings does not constitute a waiver of any right in or to such information and/or materials.
13. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the John Varvatos® Offerings is a violation of criminal and civil law and John Varvatos® will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
14. Indemnification. You agree to indemnify and hold John Varvatos®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the John Varvatos® Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of the Covered Parties. Each of those individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Disclaimer of Warranties. THE JOHN VARVATOS® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, JOHN VARVATOS® MAKES NO WARRANTY THAT THE JOHN VARVATOS® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL, IN THE CASE OF THE MERCHANDISE, BE AVAILABLE IN ALL SIZES, COLORS, STYLES AND/OR FITS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE JOHN VARVATOS® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. JOHN VARVATOS® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE JOHN VARVATOS® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOHN VARVATOS® OR OTHERWISE THROUGH OR FROM THE JOHN VARVATOS® OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOHN VARVATOS® SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOHN VARVATOS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE JOHN VARVATOS® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE JOHN VARVATOS® OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE INABILITY TO OBTAIN MERCHANDISE IN A PARTICULAR SIZE, COLOR, STYLE OR FIT; AND/OR (E) ANY OTHER MATTER RELATING TO THE JOHN VARVATOS® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE JOHN VARVATOS® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF JOHN VARVATOS® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE JOHN VARVATOS® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR JOHN VARVATOS® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND JOHN VARVATOS®. ACCESS TO THE JOHN VARVATOS® OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF JOHN VARVATOS® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. Third-Party Websites. The John Varvatos® Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. John Varvatos® does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by John Varvatos® of the applicable website or any association with the website’s operators. Because John Varvatos® has no control over such websites and resources, you agree that John Varvatos® is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that John Varvatos® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
18. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the John Varvatos® Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting a Legal Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Legal Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available . For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
21. Miscellaneous. To the extent that anything in or associated with the John Varvatos® Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and the Returns Policy, insofar as the return of Merchandise is concerned, the Returns Policy shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. John Varvatos® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. California End-User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to: firstname.lastname@example.org.
23. Contact Us. If you have any questions about the Agreement, John Varvatos® Offerings or the practices of John Varvatos®, please feel free to email us as at: email@example.com; or send us U.S. mail to: John Varvatos Enterprises, Inc., Attn: Webmaster, 26 West 17th Street, 12th Floor, New York, NY 10011.