TERMS & CONDITIONS

WELCOME

This is an agreement between you and the Company. Please read these Terms & Conditions, the Privacy Policy and the other applicable rules, policies, and terms available at the JNCO.com website, or on or through the JNCO Software (collectively, this “Agreement”) before using the JNCO Services or JNCO.com website. By using the Company Services, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the JNCO Services or the JNCO.com website and you may return your purchase in accordance with any applicable return policy. Your use of any of the JNCO Services and the JNCO.com website is subject to any additional rules, policies, and terms that apply to those JNCO Services.

1. Welcome to JNCO.com (hereinafter “Site”), which is operated by American Textile Association LLC, DBA, JNCO Los Angeles, and its respective subsidiary and affiliated companies (collectively referred to herein as “Company” or “we,” “us,” or “our”). We are excited about your visit, but before you begin exploring, please review all our terms and policies, including but not limited to our terms & conditions (inclusive of an arbitration agreement), privacy policy, ordering policy, shipping policy, return policy, promotion terms, and any other terms or policies provided on our website and hereby incorporated by this reference (collectively “terms and policies”). By using or purchasing on this Site, you unconditionally agree to be bound by these terms and policies (the “Agreement”).

Unfortunately, if we have reason to believe or determine that you are not abiding by the Agreement, then we will terminate the Agreement by denying you access to this Site. Likewise, if you choose not to be bound by any of our terms and policies, then you must terminate your session and may not access or use this Site, and must delete any content derived from our Site. By accessing or making purchases on the Site, you acknowledge and agree to the terms of the Agreement.

It is a condition of use of this Site that all the details you provide be correct, current, and complete. If the Company believes the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources including but not limited to the Site, and to terminate or suspend your account.

2. UPDATES

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. From time to time, the Agreement will be updated in whole or in part, at which time the new date will be reflected above in the “Last Updated” section. Updated terms and policies will immediately replace and supersede any prior Agreement, unless otherwise noted. If we determine the updates are material, then we may choose to place a notice on the Site by: (i) revising the link on the homepage with the qualifying term “New,” “Updated,” or other similar language for a reasonable period of time, or (ii) sending electronic correspondence to customer accounts. Accordingly, if you use the Site after an update is published, then you will unconditionally agree to be bound by the updated Agreement whether or not a notice was placed on this Site or an electronic correspondence was sent.

The Company reserves the right to amend, modify, enhance, change, delete, improve or alter any portion of the Services and the Site as deemed necessary or fit by the Company.

3. OVERVIEW

You agree to use this Site in good faith for only the purposes intended by the Company, which shall be apparent and shall include but not be limited to window shopping, shopping, participating in promotional activities, signing up for our newsletter, or communicating with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). When you acquire merchandise as a guest or through your Account you represent, warrant and agree that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i)maintaining the confidentiality of your Account user name and password; (ii)ensuring all information used in connection with the Site is accurate and current; and (iii)any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.

The Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement, which shall be governed by the Federal Arbitration Act as provided herein. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, then that provision shall be severable, and all other provisions shall remain in full force and effect.

4. PRODUCT INFORMATION AND PURCHASES

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete or out of date. We make no representation or warranty whatsoever as to the completeness or accuracy of any information on this Site. All features, content, images, specifications, products, colors, prices of products, and any other services described or depicted on this Site are subject to change at any time without notice.

We make all reasonable efforts to accurately display the attributes of our products, including the applicable color(s); however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. Certain weights, measurements, or similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in this Site at a particular time does not imply or represent or warrant that those products or services will be available at any time, and we reserve the right to remove products at any time for any reason. From time to time, there may be unintended typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Sometimes there may be intentional or unintentional price differences between the Site and in-store for the same product. We reserve the right to correct any errors, inaccuracies, omissions, change or update information, or cancel orders if any information on this Site is inaccurate at any time without prior notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We also may require verification of information prior to the acceptance or shipment of any order.

5. ORDER RESTRICTIONS AND RISK OF LOSS

Merchandise acquired from the Site is not intended for re-sale. As a result, it is prohibited to order any merchandise from Site with the intent to re-sell such unused merchandise for a profit. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Site by any visitor or customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order at JNCO.com.

6. PROMOTIONS

From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.

Submissions: Furthermore, while we appreciate your suggestions and comments on how to improve our Site, products, and services, it is our policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g. through a contest or promotional event) to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to the Site. Thus, apart from personally identifiable information (“pii”) collected on or from the Site, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to the Site is and will be considered non-confidential and non-proprietary and to the fullest extent of the law you hereby grant to us an irrevocable and perpetual non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, sub-license, distribute, store, transfer, assign, transmit reproduce the aforementioned.

You fully disclaim all of your rights of any kind or nature in and to the aforementioned.

7. GIFT CERTIFICATE

When available, gift certificates, also referred to as “gift cards,” may be acquired at JNCO.com are only redeemable for product purchases made on the Site. PLEASE NOTE: All gift card purchases are Final Sale, non-transferable, non-refundable, and not redeemable for cash, except as required by law. Gift cards may not be resold by any unauthorized vendor. Any unused balance of the gift certificate will be placed in the recipient's gift certificate account. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates.

8. RETURNS AND EXCHANGES

All returns are subject to our Returns Policy.

9. LICENSE AND USE RESTRICTIONS

• We hereby grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable, license to access and use our Site and Service as expressly permitted herein (“User License”). Except for this limited User License we do not grant you any other rights or licenses of any kind or nature. We reserve all rights not expressly granted herein. Upon expiration or termination of this Agreement as provided herein, the aforementioned User License granted to you will automatically terminate. 

• You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns an irrevocable and perpetual non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, sub-license, distribute, store, transfer, assign, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues;  (iv) process purchases; and (v) use any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to the Site. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the full right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.  This provision shall survive the termination of this Agreement.
• You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following which includes but is not limited to:

10. use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
11. gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
12. probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site;
13. reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of Company, including any Account that is not held by you;
14. take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
15. use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
16. forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
17. make any false or misleading statements in connection with your use of the Site;
18. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
19. use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
20. upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
21. advertise or offer to sell or buy any goods or services for any business purpose;
22. restrict or inhibit any other user from using and enjoying the Site;
23. violate any applicable laws or regulations; and/or
24. create a false identity for the purpose of misleading others or any other action which we deem inappropriate.
25. WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, JNCO may immediately revoke your access to the JNCO Services and the Site. JNCO's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

10. INTELLECTUAL PROPERTY RIGHTS

1. The Service and the Site, including but not limited to all Content, videos, created text, logos scripts, graphics, interactive features and any software used by the Company to provide the Service and the Site in all media now known or hereinafter created, is protected by copyrights, patents, trademarks, service marks, trade secrets, intellectual property or other proprietary rights under United States laws and international treaties and laws (“Copyrights”). Some of the characters, logos, videos, created text, scripts, graphics, interactive features or other images incorporated by the Company on this Site including but not limited to all Content, videos, created text, scripts, logos, graphics, interactive features and any software used by the Company to provide the Service and the Site in all media now known or hereinafter created are also protected as registered or unregistered trademarks, trade names and/or service marks and/or trade secrets and/or intellectual property owned by the Company or others ("Trademarks"). The Company respects the intellectual property rights of others and asks users of this Site to do the same. The Copyrights and Trademarks including but not limited to all Content, videos, created text, scripts, graphics, interactive features and any software used by the Company to provide the Service and the Site in all media now known or hereinafter created are owned irrevocably and in perpetuity by the Company including but not limited to any and all worldwide intellectual property rights, licenses, websites, domain names, derivatives, computer programs, software, inventions, original works of authorship, developments, concepts, improvements, designs, projections, copyrights, trademarks, trade secret, trade names, good will, patent, all other proprietary rights therein, and any and all extensions, renewals and/or restorations thereof, droit morale rights, intangible property rights, neighboring rights, rental and lending rights, collection rights and all derivative works therein in all media now known or hereinafter created and all such worldwide results and proceeds to the Company in all media now know or hereinafter created (collectively the “Rights” or the “Material” or the “Content”). Your right to make use of this Site and any of the Materials or other content of any kind or nature appearing on it is subject to your compliance with these Terms of this Agreement. Modification or use of the Material or any other content on this Site for any purpose are not permitted by the Terms of use Agreement and may be a violation of the Copyrights and/or Trademarks protected by law and is prohibited. Unauthorized use of the Service, the Site and the Materials may violate copyright, trademark and other laws.

By use of this Site you hereby agree that you are not being granted with any rights of any kind or nature in and to the Materials of any kind or nature including but not limited to that you have no ownership rights in your account or an email account you might register with the Company of any kind or nature.  The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used by you in any way unless specifically authorized in writing by the Company.   This provision shall survive the termination of this Agreement

11. ACCESSIBILITY

We care about all of our customers and strive to make our website, JNCO.com, accessible to all visitors. Accordingly, we have a dedicated team that reviews and evaluates our website pursuant to Web Content Accessibility Guidelines 2.0, who are currently working with various partners to implement practicable features to improve the overall experience for our website visitors. As a result, JNCO is in the continuous process of enhancing the usability of our website to foster inclusivity and diversity.

If you need help placing an order, have difficulty accessing our website, or would like to provide comments or suggestions, then please contact us either by e-mail at cs@JNCO.com.

12. HEALTH WARNING

 A percentage of Users may experience seizures when exposed to certain light patterns, flashing lights or backgrounds from this Site or any other website.  Additionally, use of Site or any other website may cause dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. Consult with your physician prior to any use of this Site or any other website. IMMEDIATELY discontinue use of our Site and immediately consult your physician if you experience any of the above mentioned symptoms or any other symptoms. 

13. DISCLAIMER OF WARRANTIES

THE COMPANY AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THE SERVICE OR THE SITE TO ACHIEVE ANY INTENDED PURPOSE, FOR THE PROPER USE OF SERVICE OR THE SITE FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE OR THE SITE. THE SERVICE AND THE SITE AND THE CONTENT PROVIDED WITH THE SERVICE AND THE SITE ARE PROVIDED “AS IS”. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE USE OF THE SERVICE OR THE SITE OR OTHERWISE RELATING TO THE SERVICE OR THE SITE ANY MATERIAL ON ANY WEBSITES LINKED TO THE SERVICE AND THE SITE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THE SERVICE OR THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE OR THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THESE COSTS.

This provision shall survive the termination of this Agreement

14. LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK.

IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES WHATSOEVER RESULTING FROM LOST DATA OR THE MISUSE OF DATA OR PERSONAL INFORMATION, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, INCURRED BY YOU, COMPANY OR ANY THIRD PARTY, IN ANY CASE, REGARDLESS OF WHETHER THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS OR THIRD-PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT, IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUB-CONTRACTORS AND THIRD-PARTY SUPPLIERS UNDER THIS AGREEMENT, OR OTHERWISE IN RESPECT OF THE SUBJECT MATTER OF THIS AGREEMENT, FOR DAMAGES, REGARDLESS OF FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100).

The provisions of this paragraph will apply to the maximum extent permitted by law. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH TO THE TERMS AND POLICIES (ESPECIALLY IF SUCH BREACH WAS MADE IN BAD FAITH), OR RELATED TO YOUR INDEMNITY OBLIGATIONS.

This provision shall survive the termination of this Agreement

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our employees, officers, directors, shareholders and agents from and against any and all actions, claims, lawsuits, losses, damages, liabilities, settlements, disbursements, costs and expenses of any kind or nature (including without limitation reasonable attorney’s fees, costs and expenses) incurred by or asserted or as a result of or arising from  (i) Your Content; (ii) your use of the Site; (iii) your violation of any term of the Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) your use of any services provided by third party service providers and/or (vi) any breach of this Agreement by you; and/or (vii) any liability of any kind that is a consequence of your negligent or purposeful misuse of Personal Information;. You may not compromise and/or consent to the entry of any judgment and/or enter into any settlement with respect to the aforementioned indemnification without our prior written consent. .

This provision shall survive the termination of this Agreement

16. TERMINATION

With the exception of the Arbitration Agreement, which shall survive the termination of the Agreement, the Agreement is effective unless and until terminated by either you or us. You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The obligations and liabilities that you incurred prior to the termination date shall survive the termination of the Agreement for all purposes.

The Company shall have the right to immediately terminate this Agreement with you and the Terms and Conditions with you for any or no reason whatsoever and with or without notice in the Company’s sole discretion.  In addition to all other remedies available to the Company which are all hereby reserved, you  agree that from and after the Termination of this Agreement as provided herein, or for any or no reason whatsoever, any and all rights acquired by you  pursuant to the Agreement,  shall automatically terminate and cease absolutely, and you shall not thereafter have any recourse of any kind or nature against the Company.

17. THIRD PARTY LINKS

Although we do our best to monitor links to our Site, it is impossible to locate and regulate third-party links to the Site. As a general policy, to create or maintain a link from another website to any page of our Site is prohibited without our prior written permission. Any permitted links must comply with all applicable federal, state and international laws, statutes, rules, and regulation. For example, the permitted link to the Site must not damage, dilute, or tarnish in any manner whatsoever the goodwill associated with our intellectual property, the Site and our Company, nor may the link create the false appearance that the linked website and/or organization is sponsored, endorsed by, affiliated and/or associated with us. Naturally, we are not responsible for the content or performance of any portion of the internet, including but not limited to other world wide websites to which this Site may be linked, or from which this Site may be accessed. Please inform us in writing of any errors or inappropriate material found on websites to which this Site is or appears to be linked.

At times we may include links to other websites that are not owned, operated, or controlled by the Company or our affiliated third-party business partners. These links are typically for your convenience only, and we will not be responsible in any manner whatsoever for any content, materials, information, or events present on third-party websites, even if they are linked to our Site. Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.

18. PRIVACY

We collect and use information about you and your use of the Site. Please review our Privacy Policy for more information.

19. MINORS

The Site is a general audience website. This Privacy Policy applies to your access and use of Site and describes our practices and policies related to the collection, use and storage of information about Site users. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act (“COPPA”) and we will not knowingly request or collect personal information from any child under the age of majority. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under the Agreement. BY ESTABLISHING AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THE AGREEMENT AND THE TERMS AND CONDITIONS ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS AND POLICIES CONTAINED HEREIN.

20. COMMUNICATIONS

By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at cs@JNCO.com with the word “UNSUBSCRIBE” in the subject line.

21. ARBITRATION AGREEMENT

Arbitration is a form of alternative dispute resolution and is often considered a faster, more convenient, and less expensive way to resolve disputes. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. However, if those efforts fail, then any and all complaints, disputes, disagreements, controversies or claims arising from or relating to a transaction, a failed transaction, or related to any services rendered or to the breach, enforcement, interpretation, or validity of the Agreement or any part of it (collectively the “Dispute”), then the Agreement shall be settled exclusively by final and binding arbitration ("Arbitration") which shall be the exclusive remedy for resolving any alleged breach of this Agreement or Dispute, instead of any court action, which is hereby expressly waived.  You further agree that any dispute regarding the interpretation or enforceability of either this Agreement or this arbitration provision shall be resolved in arbitration as provided hereunder, and not by any state or federal court.  Any arbitration conducted pursuant to this Agreement shall be held in Los Angeles, California through ADR Services, Inc., or its successor (“ADR”); by a single neutral arbitrator; in accordance with the arbitration rules or procedures of ADR, except to the extent such rules conflict with the procedures set forth herein. 

The Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles. The Arbitrator shall not have the power to consolidate or join the claims of other persons or parties who may be similarly situated and shall not have the power to award punitive damages. No demand for Arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations.

At the conclusion of such arbitration, the arbitrator shall render an award and a written, reasoned opinion in support thereof.  Judgment on the award may be entered in any court having jurisdiction thereof.  In the event that you commence any arbitration hereunder, you agree that each side shall be required to bear their own arbitration fees, expert witness fees, attorneys’ fees, and all other costs and expenses associated with the proceeding, and neither shall be entitled to recover the same from the other, unless otherwise required by law.  In the event any language contained in this paragraph is adjudged to be void or otherwise unenforceable, such language shall be severed from this paragraph, without affecting the enforceability of any other language contained in this paragraph or the Agreement generally. Notwithstanding any other provision contained in this paragraph or this Agreement, you hereby agree that your sole remedy for any alleged breach of the Agreement by the Company shall be a claim in arbitration against the Company for monetary damages only.  In no event shall you be entitled to seek rescission, injunctive, or other equitable relief against the Company, officers, managers, members, employees, independent contractors, d/b/a’s, assignees, licensees, customers, or any other individuals or entities.  Additionally, nothing contained in this paragraph shall limit Company’s right to seek injunctive relief in a court of competent jurisdiction related to any alleged breach by you of any Paragraph contained herein or in this Agreement.  This Arbitration provision will survive any termination or expiration of this Agreement.

To begin an Arbitration proceeding, you may send a letter requesting arbitration and describing your claim to cs@JNCO.com.

THIS NOTICE OF ARBITRATION PROVISION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ADR RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

22. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

Infringement Notification: If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please contact us at cs@JNCO.com.

23. QUESTIONS?

If you have any questions about this Agreement, please contact us at cs@JNCO.com.

ACCESSIBILITY STATEMENT

American Textile Association LLC, DBA, JNCO Los Angeles cares about all of our customers and strives to make our website, JNCO.com, accessible to all visitors. Accordingly, we have a dedicated team that reviews and evaluates our website pursuant to Web Content Accessibility Guidelines 2.0, who are currently working with various partners to implement practicable features to improve the overall experience for our website visitors. As a result, we are in the continuous process of using best efforts to enhance the usability of our website to foster inclusivity and diversity.

If you need help placing an order, have difficulty accessing our website, or would like to provide comments or suggestions, then please contact us either by e-mail at cs@JNCO.com.