This web site located at PJSalvage.com (the "Web Site") is provided by P.J. Salvage, a division of Delta Galil USA Inc and its successors and assigns ("P.J. Salvage") in conjunction with third parties. P.J. Salvage, and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Web Site shall be referred to herein as "P.J. Salvage Parties."

YOUR ACCESS OR USE OF THE WEB SITE INDICATES YOUR (I) ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND (II) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEB SITE. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTIONS OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

1. User Eligibility. This Web Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Web Site, including functionality and features available on the Web Site ("Features") and products and services available for purchase through the Web Site, however, may be inappropriate, prohibited or restricted in countries outside the United States. Subject to applicable laws, rules and regulations, the P.J. Salvage Parties make no warranty or representations that the Web Site or the Features are appropriate or available for access/use outside of the USA, and if you access/use the Web Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Web Site. This is a general audience Web Site and users of all ages are welcome to browse the Web Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Web Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.

2. Establishing an Account. Users of all ages are welcome to browse the Web Site, however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Web Site and in order to access/use some Features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. Subject to applicable laws, rules and regulations, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

3. Loyalty Program. Users with valid accounts will automatically be enrolled in the Cozy Club Loyalty Program (the “Loyalty Program”). Once enrolled, members earn points on eligible purchases (as defined below), and are entitled to the benefits of the Loyalty Program as set out herein.

3.1. Membership Tiers and Benefits. The Loyalty Program consists of three membership tiers: Cozy Member, Cozy Insider, and Cozy VIP. The status is determined by a member’s cumulative spending within a rolling 12-month period. Each tier offers enhanced benefits and rewards. If a member does not meet the spending threshold to maintain their current tier, they will be downgraded to the appropriate tier at the end of the 12-month period. Members who qualify for a higher tier will be automatically upgraded and receive any applicable Level-Up Points and benefits. Upgrades take effect immediately once the spending threshold is met.  

Cozy Member  

·       Earn 1 point per $1 spent on eligible purchases. 

·       Receive 100 Birthday Points each year. 

·       Access to standard promotions and offers. 

·       No minimum spend required to qualify. 

Cozy Insider  

·       $650 is the minimum spend requirement in a 12-month period. 

·       Earn 1.25 points per $1 spent on eligible purchases. 

·       Receive 200 Birthday Points each year. 

·       Earn 50 Level-Up Points upon reaching Cozy Insider status. 

·       Access to Exclusive Discounts & Offers. 

·       Free Ground Shipping on orders of $50 or more within the U.S. 

·       Tier status is valid for 12 months from the date of qualification, after which spending requirements must be met again to maintain Insider status. 

Cozy VIP 

·       $1000 is the minimum spend requirement in a 12-month period. 

·       Earn 1.5 points per $1 spent on eligible purchases. 

·       Receive 300 Birthday Points each year. 

·       Earn 100 Level-Up Points upon reaching Cozy Insider status. 

·       Access to Exclusive Discounts & Offers. 

·       Double Points Days on select promotional periods.  

·       Early Access to Select Promotions, including seasonal sales and limited-edition product releases. 

·       Receive Free Two-Day Shipping on orders of $250 or more within the U.S. 

·       Tier status is valid for 12 months from the date of qualification, after which spending requirements must be met again to maintain VIP status 

3.2. Qualifying Purchases. Points are earned based on the pre-tax, pre-shipping purchase amount of eligible items on www.pjsalvage.com. Purchases made using gift cards, store credit, or promotional discounts may not be eligible for earning points. 

3.3. Non-Qualifying Transactions. The following transactions do not qualify for earning points: shipping fees, taxes, and handling charges; gift card purchases; returns, refunds, or chargebacks.

3.4. Point Expiration and Adjustment. Points expire 12 months from the date they are earned unless the member makes a qualifying purchase or redemption. If a purchase is returned, canceled, or refunded, any points earned from those transactions will be deducted from the member’s account. PJ Salvage reserves the right to adjust points in cases of errors, abuse, or suspected fraudulent activity.

3.5. Voluntary Termination of Membership. Members may cancel their participation in the PJ Salvage Loyalty Program at any time by contacting customer support at customercare@pjsalvage.com or through their online account settings. Upon termination, all accumulated points and rewards will be forfeited and cannot be reinstated.

3.6. Termination by PJ Salvage. PJ Salvage reserves the right to suspend, deactivate, or terminate a member’s account at its sole discretion, with or without notice, for reasons including but not limited to: 

·       Violation of Terms & Conditions of the loyalty program. 

·       Fraudulent activity, abuse, or manipulation of the program (e.g., creating multiple accounts, exploiting promotions, engaging in resale activities).

·       Suspicious or unauthorized use of the account. 

·       Extended inactivity (e.g., no purchases, no earning or redemption activity for 12 months)

3.7. Program Discontinuation. PJ Salvage reserves the right to modify, suspend, or permanently discontinue the Loyalty Program at any time, at its sole discretion. If the program is discontinued, members will be provided with reasonable notice, and any remaining points must be redeemed by a specified deadline, after which they will be forfeited.  

4. Personally Identifiable Information. The Privacy Policy, which is incorporated into these Terms and Conditions by reference, governs the collection, use and disclosure of personally identifiable information gathered on or through the Web Site, including, but not limited to, the personally identifiable information you provide while establishing an account, purchasing products/services and accessing and using the Web Site and Features.

5. Information You Provide/Submissions. Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to this Web Site in any form and in any manner ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may subject to applicable laws, rules and regulations be disseminated or used by P.J. Salvage for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the Web Site any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation. You hereby grant P.J. Salvage a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party ("User Communications License"). P.J. Salvage may, but is not obligated to, monitor or review any User Communications. P.J. Salvage shall have no obligations to use, return, review, or respond to any User Communications. The P.J. Salvage Parties shall have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. P.J. Salvage retains the right to remove any or all User Communications that includes any material P.J. Salvage deems inappropriate or unacceptable.

By making a User Communication, subject to applicable laws, rules and regulations, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by P.J. Salvage of the rights granted it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.

We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.

6. Prohibited Submissions. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that P.J. Salvage may have at law or in equity, if P.J. Salvage reasonably determines that you have violated or are likely to violate the foregoing prohibitions, P.J. Salvage may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. P.J. Salvage will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing P.J. Salvage to disclose the identity of anyone posting such materials.

7. Ownership and Permitted Use of Content. The Web Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from this Web Site (the "Content") are either the property of, or used with permission by, P.J. Salvage. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.

The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.

8. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of P.J. Salvage and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of P.J. Salvage or such third-party owner

9. Prohibited Actions. While visiting the Web Site and participating in, accessing and using the Features (cumulatively "Using the Web Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Web Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Web Site by by-passing our Web Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Web Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Web Site or interrupt any user's experience on the Web Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Web Site, or servers or network connections to the Web Site, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site; or attempt to gain unauthorized access to the Web Site (or any portion thereof).

10. Availability of Products, Services, Features and Content. All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice, except as may be forbidden by applicable laws, rules or regulations. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion, except as may be forbidden by applicable laws, rules or regulations. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Web Site as may be applicable to you; provided, however, that the foregoing shall not be deemed a waiver by you of any rights or remedies afforded to you under applicable laws, rules and regulations. By placing an order, you represent that the products ordered will be used only in a lawful manner.

11. Promotional Offers. A promotional offer may be modified or discontinued at any time without notice. A promotional offer cannot be combined with any other offer; a promotional offer cannot be applied to gift card purchases or previous purchases.

12. Accuracy of Information. P.J. Salvage takes reasonable efforts to ensure that information on this Web Site is complete, accurate and current. Despite P.J. Salvage's efforts, however, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. P.J. Salvage makes reasonable efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The P.J. Salvage Parties make no representation as to the completeness, accuracy or timeliness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of P.J. Salvage to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. P.J. Salvage reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. P.J. Salvage also may require verification of information prior to the acceptance and/or shipment of any order. The foregoing paragraph in its entirety is subject to applicable laws, rules and regulations.

13. Shipment of Order. Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

14. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without P.J. Salvage's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

15. Changes to the Terms and Conditions. Subject to applicable laws, rules and regulations, P.J. Salvage reserves the right, in our sole discretion, to revise, change, or modify (cumulatively "Revisions") these Terms and Conditions at any time upon advance notice to you, and we may notify you of such Revisions to these Terms and Conditions in any manner we chose that complies with law, including, but not limited to, posting a notice of such changes on the Web Site, and your continued use of the Web Site following our notice to you of Revisions to these Terms and Conditions signifies your agreement to be bound by the revised Terms and Conditions.

16. Applicability of Additional Terms and Conditions. Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

17. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not governed by these Terms and Conditions (the "Linked Web Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. The P.J. Salvage Parties are not responsible for any content, materials or other information located on or accessible from any other web site. The P.J. Salvage Parties do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located on or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Web Sites closely before using, submitting information to such Linked Web Sites, and allowing children to visit Linked Web Sites.

18. Disclaimer of Warranty. YOUR USE OF THIS SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." AS TO THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE P.J. SALVAGE PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEB SITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. THE PARTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE. WITHOUT LIMITATION TO THE FOREGOING, THE P.J. SALVAGE PARTIES DO NOT WARRANT: (A) YOUR ENJOYMENT OF THE WEB SITE WILL BE WITHOUT INTERFERENCE; (B) THE WEB SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEB SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEB SITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE WEB SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEB SITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE WEB SITE IS ACCURATE, UP-TO-DATE OR COMPLETE.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

19. LIMITATIONS OF LIABILITY. THE P.J. SALVAGE PARTIES DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. IN NO EVENT WILL THE P.J. SALVAGE PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.

ANY EXCLUSIONS OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON LIABILITY CONTAINED IN THE PRECEDING SECTIONS 16 AND 17 (OR ELSEWHERE IN THESE TERMS AND CONDITIONS) DO NOT APPLY TO THE EXTENT PROHIBITED BY ANY APPLICABLE LAWS, RULES OR REGULATIONS, AND FURTHERMORE DO NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.

20. Termination. P.J. Salvage reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Web Site or Features at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site and Features, products and services available on or through the Web Site at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.

21. Other. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws, with jurisdiction for disputes residing in Los Angeles County, California. Except in New Jersey and in jurisdictions where prohibited by applicable laws, rules and regulations, any claim or dispute must be brought within one (1) year from the date the cause of action arises. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This choice of law provision may not, however, nor may anything else in these terms and conditions, be deemed a waiver by you of any rights you may have under any applicable federal, state or local laws, rules, or regulations, and for the sake of clarity wheresoever the term "applicable laws, rules or regulations" or a similar term is used in these terms and conditions, it shall be read to include the New Jersey Truth-In-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14, et seq. You may not use or export or re-export the materials at the Web Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions, inclusive of the Privacy Policy, constitute the entire agreement between you and P.J. Salvage relating to your use of the Web Site, superseding any other agreement between you and P.J. Salvage with respect to the subject matter of these Terms and Conditions. Section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Disputes and Arbitration Agreement. Any dispute or claim relating in any way to the Website and our products and services, including products or services sold or distributed through our websites and catalogues, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our sister-brands, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. If for any reason a claim proceeds in court rather than in arbitration, except if prohibited by applicable laws, rules or regulations, WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association's ("AAA") rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator's fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.