Terms of Service
JE Sports, LLC maintains this website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE ONLINE SERVICES.
1. Acceptance of Terms of Service
If you do not agree with any of these Terms of Service (“Terms of Service” or “Terms”), including the Privacy Policy incorporated herein, please do not use this Site or our online services. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
These Terms of Service apply when you interact digitally with the Internet sites operated by JE Sports, (the “Site” or “Sites”), and any other services and products (collectively “online services” or “services”).
JE Sports, LLC may modify these Terms of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the online services following the posting of any changes to the Terms of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms of Service via posting of updates on the Site.
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of these online services that all the details you provide be correct, current, and complete. If we at JE Sports, LLC believe the details are not correct, current, or complete, we have the right to refuse you access to the online services, or any of its resources, and to terminate or suspend your account.
Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE ONLINE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE OR ONLINE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Service and any applicable Additional Terms each time you use the online services (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms of Service (and any applicable Additional Terms) that applied when you previously used the online services will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of new, revised or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your message account (if applicable) and the e-mail you associated with your account for notices, all of which you agree are reasonable means of providing you notice. You can reject any new, revised or additional Terms of Service by discontinuing use of the Site and related online services.
2. Permitted Uses
Your use of the online services shall be limited solely to your personal and non-commercial use. The online services contain material that is derived in whole or in part from material supplied and owned by JE Sports, LLC as well as third parties (“Content”). As between JE Sports, LLC and You, JE Sports, LLC owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the online services and Content. You acknowledge JE Sports, LLC’s valid intellectual and proprietary property rights in the online services and Content and that your use of the online services is limited to the access, viewing and downloading of Content, all solely as authorized by JE Sports, LLC. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use the online services solely for personal and non-commercial uses. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the online services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the online services or Content, or (iii) any advertisement on the online services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the online services or Content unless expressly permitted by JE Sports, LLC in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the online services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or online services with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the online services. See Section 22 for terms applicable to use of links to the online services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the online services or its servers and infrastructures. You may not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the online services or Content, whether or not for profit.
To the extent that JE Sports, LLC makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access to the Site and Availability of Services
The Site and online services are intended for use by users who are over the age of 14 and reside in the United States, its territories and possessions (“U.S.”) or those outside of the U.S. that consent to use the online services in accordance with U.S. laws, this Terms of Service and the Privacy Policy. By using or attempting to use the Site or online services, you certify that you meet any other eligibility and residency requirements of the Site.
JE Sports, LLC may change, suspend or discontinue any aspect of the Site or online services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 12 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and online services. The Site and online services are currently provided for free, although you may be given the opportunity to purchase products or services through the Site from JE Sports, LLC. JE Sports, LLC reserves the right to change the nature of this relationship at any time.
You and we agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our online services or this Terms of Service.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
In order to access certain features of this Site, or to conduct a transaction through one of our transactional channels, you may be required to register for an account (“Account”). If you register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that JE Sports, LLC will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Site. If JE Sports, LLC has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, JE Sports, LLC may suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof).
As part of the registration and account creation process necessary to obtain access to portions of the Sites that require a fee or payment, you will have to create a user account with a password. You will provide JE Sports, LLC with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that JE Sports, LLC, in its sole discretion, deems offensive or inappropriate.
Any usernames and passwords used for this Site or services are for individual use only. You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are solely responsible for maintaining the security and confidentiality of the password you use to access your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in JE Sports, LLC’s sole discretion, and JE Sports, LLC may refer you to appropriate law enforcement agencies. You may terminate your Account at any time by sending an e-mail to: webmaster@epsteinhitting.com.
You agree to immediately notify JE Sports, LLC of any unauthorized use of your password or Account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the online services and Site. JE Sports, LLC has the right to provide user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your Account so you should take reasonable steps to protect this information. You are responsible for all charges incurred up to the time the Account is terminated.
You understand and agree that the Site and/or online services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off the online services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account.
5. Transactions
Our sites provide opportunities for you to make purchases (“transactions”). Each transaction is governed by these Terms of Service and the specific terms of the particular transaction which will be communicated to you during the check-out process. You agree that all transactions made by you on the Site cannot be exchanged and are non-refundable. All purchases are subject to the applicable service fees and charges, which are also non-refundable.
6. You Agree to Our Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site and the online services. Click here to show this notice, which forms part of these Terms of Service.
Any personal details and data acquired by JE Sports, LLC from your participation on the online services will be used in accordance with our Privacy Policy and Tracking (Cookies) Technologies Policy.
7. Social Media Plug-ins
Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (amongst others) are integrated on our Site and other online services. Where our online services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” feature, the Twitter “Tweet this” feature and Google Plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our online services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit our online services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser.
8. Disclaimer of Warranties
While JE Sports, LLC uses reasonable efforts to include up to date information on the Site and online services, JE Sports, LLC makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
JE Sports, LLC PROVIDES THE ONLINE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JE Sports, LLC DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JE Sports, LLC DOES NOT WARRANT THAT THE ONLINE SERVICES, OR YOUR ACCESS TO OR USE OF THE ONLINE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. JE Sports, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JE Sports, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. JE Sports, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND JE Sports, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
IN NO EVENT WILL THE JE Sports, LLC AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO JE Sports, LLC IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, JE Sports, LLC LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
10. Indemnification
You agree to defend, indemnify and hold harmless JE Sports, LLC, their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto JE Sports, LLC’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.
11. Reservation of Rights
JE Sports, LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
12. Termination
JE Sports, LLC may, in its sole discretion, terminate your password, account (or any part thereof) or use of the online services, or remove and discard any User Content or information stored, sent, or received via the online services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Site or online services, (ii) any unauthorized access or use of the online services, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the online services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the online services shall not affect any right or relief to which JE Sports, LLC may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to JE Sports, LLC and its licensors and all rights granted by you to JE Sports, LLC shall survive in perpetuity.
13. Infringement Policy
JE Sports, LLC respects the intellectual property of others, and we ask our users to do the same. This Site and materials incorporated by JE Sports, LLC on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by JE Sports, LLC on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by JE Sports, LLC or others (“Trademarks”).
JE Sports, LLC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. JE Sports, LLC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
14. Responsible Use of Site
Please act responsibly when using this Site and online services. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the online services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site or online services are the sole responsibility of the sender, not JE Sports, LLC, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site or online services.
15. Local Regulations
JE Sports, LLC makes no representation that content on the Site or online services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the online services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
16. Binding Arbitration of All Disputes. No Class Relief
This Section 27 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and JE Sports, LLC agree that we intend that this Section 27 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 27 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 28 shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other online services, (ii) any purchases or other transactions or relationships with JE Sports, LLC, or (iii) any data or information you may provide to JE Sports, LLC or that JE Sports, LLC may gather in connection with such use, interaction or transaction (collectively, “JE Sports, LLC Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online service, or engaging in any other JE Sports, LLC Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Site or other online service, you agree that any complaint, dispute, or disagreement you may have against JE Sports, LLC, and any claim that JE Sports, LLC may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any JE Sports, LLC Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, JE Sports, LLC agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 16, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 16 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
(a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and JE Sports, LLC (the “Arbitrator”);
(b) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in Section 27 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and JE Sports, LLC; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
(d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Colorado 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 U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Colorado or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(e) No Class Relief. The Arbitration can resolve only your and/or JE Sports, LLC’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
(f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, JE Sports, LLC will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(h) Reasonable Attorney’s Fees. In the event you recover an Award greater than JE Sports, LLC’s last written settlement offer, the Arbitrator shall also have the right to include in the Award JE Sports, LLC’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but JE Sports, LLC shall in all events bear its own attorneys’ fees; and
(i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor JE Sports, LLC shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
(j) Modification of Arbitration Clause With Notice. JE Sports, LLC may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after JE Sports, LLC has given notice of such modifications and only on a prospective basis for claims arising from JE Sports, LLC Transactions and Relationships occurring after the effective date of such notification.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against JE Sports, LLC in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
17. Notice for California Users
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Updated on Feb 28, 2011
18. General
(a) Applicable law. These Terms of Service, any Additional Terms and the relationship between you and JE Sports, LLC shall be governed by the laws of the U.S. and the State of Colorado without regard to its conflicts of law provisions.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in Denver, Colorado, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by JE Sports, LLC in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other online services, or these Terms of Service, our Privacy Policy, or other JE Sports, LLC Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These Terms of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment. These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without JE Sports, LLC’s prior written consent.
(i) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the online service and you will be responsible for all charges related to them.
19. Product Specifications; Pricing; Typographical Errors
We do our best to describe every product or service offered on this online service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, JE Sports, LLC shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from JE Sports, LLC is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
