These Terms and Conditions (“Terms”) shall apply to any transaction between Jam by Josh LLC, an Ohio Limited Liability Company (“we”, “us” or “our”) and its customers (“customer”, “you” or “your”), whether made online (“www.jambyjoshcle.com”) or at any market. The market and www.jambyjoshcle.com will be referred together as “Jam by Josh, LLC”.

We strive to give you a satisfying experience every time you visit the Jam by Josh, LLC. Please note that by creating an account, submitting an order and/or making a purchase, you agree to the Terms set forth below:

Orders

Jam by Josh, LLC reserves the right, in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, or cancel any order you submit to us, including the right to limit quantities purchased. Once we receive your order, we'll provide you with an email order confirmation. Your receipt of an order confirmation does not signify Jam by Josh, LLC’s acceptance of your order or a confirmation of our offer to sell; but simply an acknowledgement that we received your order.

ALL ORDERS ARE FINAL. If you decide to cancel your order after being submitted online, it will be perused as requested and a store credit will be issued for a future purchase.

In the event Jam by Josh, LLC makes a change to or cancels an order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was submitted. If your order is cancelled Jam by Josh, LLC will issue a credit for future use equal to the billed amount, per these Terms.

Pricing & Promotions

Store prices are subject to change at any time.

Promotional codes or coupons may not be combined, unless expressly stated by Jam by Josh, LLC. In the event where more than one promotional code or coupon has been used by a customer when submitting an order, whether intentionally or not, Jam by Josh, LLC, at its sole discretion, reserves the right to: i) limit the number of the promotional codes or coupons applied to the order; or ii) cancel or modify the order, per these Terms.

All promotions and discounts at Store shall be subject to these Terms as well as the promotion’s own terms and conditions.

Product Information & Availability

Jam by Josh, LLC has made and will continue to make every effort to display as accurately as possible the information of our products available at Jam by Josh, LLC’s website.

Given supply and/or production constraints, some of our products may have limited availability for purchase. Jam by Josh, LLC cannot guarantee availability of a specific product and reserves the right to remove any product from the store or change its availability for purchase at any time, including after you submit an order. In the event we cannot supply a product you ordered, at its sole discretion, Jam by Josh, LLC will cancel the order and issue a credit for future use equal to your purchase price in full.

Shipping & Delivery

Jam by Josh, LLC will charge a shipping fee per order.

We will ship your order via a recognized carrier and will notify you once your order has shipped.

Additional shipping charges and duty/customs may apply for addresses outside of the USA, which shall be the sole responsibility of the customer, as the importer of record.

Since the actual delivery of your order can be impacted by events beyond Jam by Josh, LLC’s control once it has been shipped, we cannot be held liable for late deliveries.

Jam by Josh, LLC will not make any changes to your order once it has been submitted.

Returns

Please note that we do not offer refunds.

Customer Care

If you are experiencing any problems, please visit us at www.jambyjoshcle.com/contact  and submit the form with details about your problem.

1. Arbitrator.
Any arbitration between you and Jam by Josh, LLC will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Jam by Josh, LLC. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

2. Notice; Process.
If you or Jam by Josh, LLC intend to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Jam by Josh, LLC’s address for Notice is: 6721 Alyeshire Drive, Solon, OH 44139, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Jam by Josh, LLC will make good faith efforts to resolve the claim directly, but if you and Jam by Josh, LLC do not reach an agreement to do so within 30 days after the Notice is received, you or Jam by Josh, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Jam by Josh, LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. The payment of any fees, including filing fees, will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Jam by Josh, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Jam by Josh, LLC agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Jam by Josh, LLC made within 14 days of the arbitrator's ruling on the merits.

3. No Class Actions
YOU AND JAM BY JOSH, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Jam by Josh, LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

4. Modifications to this Arbitration Provision
Notwithstanding anything to the contrary in these terms, if Jam by Josh, LLC makes any future change to this arbitration provision, other than a change to Jam by Josh, LLC’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Jam by Josh, LLC’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Jam by Josh, LLC.

5. Enforceability
If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these terms shall remain in full force and effect.

Final Provisions

The present Terms and Conditions may be modified, amended and/or substituted anytime by Jam by Josh, LLC at its sole discretion, with or without prior notice. For this reason, we encourage you to review these Terms whenever you visit the store. Your use of www.jambyjoshcle.com, as well as any transaction made at a market, will signify your agreement to these Terms. The most recent Terms posted on www.jambyjoshcle.com will be binding on you and Jam by Josh, LLC.

You agree to hold harmless and indemnify Jam by Josh, LLC, its agents and representatives against any and all liability, damages or causes of action (however named or described with respect to or arising out of either: (i) your transactions with Jam by Josh, LLC; (ii) your use of the website; or (iii) your breach of any representation, warranty, or other provision of these Terms.

You hereby release, waive and discharge any and all claims of damage, loss or causes of action which you or any of your representatives, heirs, next of kin or assignees may have or which may hereinafter accrue to such persons against Jam by Josh, LLC, its agents and representatives as a result of your transactions with Jam by Josh, LLC.

These Terms shall be construed in accordance with all applicable federal, state and municipal laws of the State of Ohio without regard to any conflict of law provisions, respectively, and the federal laws applicable therein, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the, state and/or federal courts of Ohio. The waiver of any provision of these Terms by Jam by Josh, LLC shall not be considered a waiver of any other provision or of Jam by Josh, LLC’s right to require strict observance of each of the terms herein. If any provision under these Terms is considered void, null or illegal for any reason by a relevant authority, such provision must be adjusted just enough to correct such nullity or illegality and shall not affect the other provisions hereof.

Terms & Conditions published July 15, 2024.