June 7, 2021
We, in our sole discretion and without notice to you, reserve the right to make changes to these Terms from time to time. When we make changes, we will post them here and update the date above. Accessing the Site after any of these changes means you accept any such changes. For this reason, we encourage you to review these Terms whenever you access the Site.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ IT CAREFULLY.
Merchandise Availability. We frequently change the merchandise offered and cannot guarantee availability. When an item is no longer in stock, we will take reasonable steps to remove that item from the Site or otherwise indicate that the item is no longer available. Certain merchandise is available exclusively online through the Site and may have limited quantities. If you cannot find an item you previously saw or for any other help with our merchandise, please call us at 1.800.343.5700.
Merchandise Display. We will make every reasonable effort to accurately display the colors and styles of our merchandise, but we cannot guarantee that the display of any color or style on your computer or mobile device will be accurate. Please remember, however, that if for any reason you are not completely satisfied with your purchase, you can return it to us for an exchange or refund. For more information regarding our Return Policy, please visit here.
Information Accuracy. We will make every reasonable effort to provide accurate and reliable information on the Site. However, there may be occasions when information on the Site may contain incomplete data, typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after you have submitted your order. In the event we make a change to or cancel an order, we will attempt to notify you by using the contact information provided at the time the order was made.
Pricing. The prices displayed on the Site are quoted in U.S. currency unless indicated otherwise. Prices are subject to change at any time. Stores may have different prices or promotional events at different times so the prices displayed on the Site may not represent the prices in effect in our stores.
Shipping, Processing and Tax. We will undertake to ship merchandise according to the shipping and handling option selected by you at checkout, but we reserve the right to change the shipping options as needed. For more information about our Shipping, Processing and Tax Information, please visit here.
Site Transactions. We do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit quantities or refuse any order you place with us in our sole discretion. These restrictions may include orders placed by or under the same Account, the same method of payment, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by using the contact information provided at the time the order was made.
Site Ownership. Unless otherwise noted, the entire design and content of the Site, including clothing and other product designs, icons, navigational buttons, images, artwork, graphics, the so called "look and feel", photography, text, audio and video clips (collectively, the "Contents"), are owned by us, or by third parties who have licensed their materials to us, and is protected by US copyright, trademark, and other laws. Your use of the Site does not transfer to you any right, title or interest in, to or associated with the Site or its Contents.
Permissible Uses. The Site and the Contents are intended solely for your lawful, personal, non-commercial use. You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site without our prior written permission. You agree not to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You may use the Site only for the purposes and in the manner permitted by the Site and subject to these Terms and all applicable laws.
User Account. It shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you create on the Site (“Account"). When creating your Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. We will not be liable for any losses caused by any unauthorized use of your Account and you must notify us immediately of any breach of security or unauthorized use of your Account. You acknowledge that you do not own the Account you use to access the Site.
User Submissions. Any comments, suggestions, ideas, materials and other submissions that you submit on the Site ("User Submissions") are provided on a non-confidential basis. By submitting User Submissions, you are granting us an irrevocable, royalty-free, perpetual, worldwide, and fully sublicensable license to reproduce, publish, modify, adapt, translate, create derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant us the right to use your name and likeness in connection with any such use of User Submissions, but we will not be obligated to identify you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any compensation to you. You agree that any User Submissions made by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that any User Submissions made by you will not contain material that is false, misleading, libelous, unlawful, abusive, indecent, or obscene. We shall be under no obligation to respond to any User Submissions. We may remove, reject, or revise User Submissions, at any time, without prior notice, and in our sole discretion. You are and shall remain solely responsible for the content of any User Submissions you make.
Notice of Copyright Infringement. If you believe in good faith that any Contents of the Site or any User Submissions infringes upon your copyright, you should notify us by sending a letter to Jill Acquisition LLC, 4 Batterymarch Park, Quincy, MA 02169, Attn: General Counsel. To be effective, you must include the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Links to Other Websites. For your convenience, the Site may contain links to other websites that are not under our control and may be governed by other terms and privacy practices. We take no responsibility for the linked websites nor does a linking a website constitute an endorsement.
Privacy & Security. Please read our Privacy & Security Policy which is incorporated into these Terms. By accessing the Site or purchasing from us, you agree with and consent to our Privacy & Security Policy.
SMS Terms. Our Text Message Terms & Conditions can be found here which is incorporated into these Terms.
Indemnification. You agree to defend, indemnify, and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to (1) your use of the Site, (2) your User Submissions, (3) your unauthorized use of the Contents, and/or (4) your breach or alleged breach of these Terms.
Disclaimer of Warranties and Limitation of Liability. We do not warrant that the Site will operate uninterrupted or error-free, that defects will be corrected or that the Site or its server will be free of viruses or other harmful elements. We shall not be liable for damages of any kind related to your use of or inability to use the Site, even if we knew or should have known of the potential for such damages. If your use of the Site or the Site’s material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, we shall not be responsible for those costs or expenses. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE REASONABLY STRIVE TO PROVIDE ACCURATE CONTENT ON THIS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. IN ADDITION, CERTAIN INFORMATION (SUCH AS STOCK QUOTES) MAY BE PROVIDED BY OR UPDATED FROM SOURCES OTHER THAN US AND EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Applicable Law and Jurisdiction. These Terms and any dispute that may arise between you and us related to these Terms or your use of the Site shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
BINDING ARBITRATION AND CLASS ACTION WAIVER
Informal Dispute Resolution. We are committed to addressing any disputes without the need to initiate a formal legal case. In the event of any dispute, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party describing the facts of the dispute (including any relevant documentation) and allowing the receiving party thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail to Jill Acquisition LLC, 4 Batterymarch Park, Quincy, MA 02169, Attn: General Counsel. We will send any notice of dispute to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, you agree to the further dispute resolution provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way to (1) your relationship with us whether based in contract, tort, statute, regulations, or any other legal theory; (2) these Terms; and/or (3) any products or services offered, sold, or distributed by us including, but not limited to, the advertising of or the sales practices for such products and services.
Arbitration Agreement. If we are unable to resolve a dispute through the informal dispute resolution procedure described above, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Jill Acquisition LLC, 4 Batterymarch Park, Quincy, MA 02169, Attn: General Counsel.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. By using the Site, you agree to arbitrate with us only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Norfolk County, Massachusetts.
Waiver and Severability. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.