Terms of Use
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terms of use

January 1, 2023

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 THE ARBITRATION SECTION CAREFULLY.

TABLE OF CONTENTS

INTRODUCTION

Welcome to J.Jill! You are seeing this page because you visited a website or other service provided by Jill Acquisition LLC or its affiliates (“J.Jill,” “we,” “us,” or “our”). These Terms of Use (“Terms”) constitute an agreement that applies to your use of the website located at jjill.com, any other platform or tools where these Terms appear or are referenced, any personal account you create on the website (“Account”), as well as your visits to, interaction with, and purchases from us in any of our stores or elsewhere (collectively, the “Services”). “You” refers to you as a user of or visitor to the Services.

By using the Services, you are agreeing to these Terms. Please read them carefully. By using or visiting the Services, you agree to be bound by these Terms, including our Privacy Policy and any additional terms and/or policies referenced herein. You may not access or use the Services if you do not agree to any part of these Terms.

These Terms May Change. We reserve the right to make changes to these Terms, at any time, in our sole discretion. Notice of any changes will be provided to you in writing either by posting on this website, by email, or by any other reasonable manner of communication. The date the current version was first posted will appear at the top of this page, unless otherwise noted. We also reserve the right, at any time, to modify or update our Privacy Policy. Accessing or using the Services after any of these modifications or changes means you accept any such modifications or changes.

Eligibility. The Services are directed to adults, and therefore we expect that any users will be at least 18 years old to use the Services. If you are a minor, meaning under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.

User Account. You may be required to create a personal user account on this website (“Account”) in order to access certain Services. If you create an Account, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other identifiers related to any 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 using 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 related to the e-mail address, password and any other identifiers related to or associated with your Account. You acknowledge that you do not own the Account you use to access the Services.

TERMS OF SALE

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 Services or otherwise indicate that the item is no longer available. Certain merchandise is available exclusively online through the Services 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.

Information Accuracy. We will make every reasonable effort to provide accurate and reliable information on the Services. However, there may be occasions when information on the Services may contain incomplete data, typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, and availability. 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. Certain merchandise is available exclusively online and certain merchandise may have limited quantities. We reserve the right to correct any errors, inaccuracies or omissions, including errors regarding pricing, and to change or update information or cancel orders if any information 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. For more information regarding our Return and Exchange Policy, please visit here.

Pricing. The prices displayed on the Services are quoted in U.S. currency unless indicated otherwise. The prices displayed in our printed catalogs are quoted in U.S. currency and are valid and effective only in the U.S. Prices are for a limited time and subject to change at any time. The prices and promotional offers displayed on our website located at jjill.com may be different than the prices or promotional offers in our stores or catalogs, and our pricing may differ from store to store and between channels (i.e. in store and online). For any purchase you make, you agree to pay the price applicable as of the time you submit your order at the location you purchased (for example, the in store price at that store if you purchase in store, the catalog price if you purchase through the catalog, and the website price if you purchase through the website).

When an item is on sale, we may use strikethrough prices (for example, $100 $89.99) to indicate the previous regular price for the item. Prices change over time, so the strikethrough price may not reflect an average price or the most recent selling price at any particular time.

Occasionally, we will offer special promotions to our customers. These can include a gift with purchase, free shipping, or other promotional activity associated with a purchase. These offers may be for a limited time only. For more information about our Price Adjustments policy, please visit here. All promotions may not be offered to all customers in all locations or in all channels.

Shipping, Processing and Tax. When you make a purchase on our website or to have an in-store purchase shipped, you will be required to pay applicable shipping and processing charges and fees. Fees are intended in part to compensate us for any relevant costs of processing your order; costs of handling and packing any products; and costs of delivering or providing the purchased products and services to you. 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.

Order Acceptance Policy. Your receipt of an order confirmation does not indicate our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. 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 or other restrictions. 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. You agree that, in the event we make a change to or cancel an order, your sole remedy will be either (a) if your credit card has already been charged, we will issue a credit to your credit card account used for your purchase in the amount charged for the cancelled portion, or (b) if your credit card has not yet been charged, we will not charge your credit card for the cancelled portion of the order.

Gift Cards. Purchases of gift cards and e-gift cards are final sale and are not eligible for returns or exchanges. If you wish to cancel a gift card purchased online prior to delivery, please call us at 1.800.343.5700. Gift cards and e-gift cards can be redeemed at any of our stores, online or through our catalog within the United States. When you make a merchandise purchase with your gift card or e-gift card, the amount of your purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your available balance. Purchases will be deducted from the amount of the gift card or e-gift card until the value reaches zero. To check your gift card or e-gift card balance, please visit here. Gift cards and e-gift cards may not be redeemed for cash or applied as payment to any account, unless required by law. Any merchandise purchased in-Store or online with a gift card or e-gift card is subject to our Return and Exchange Policy. If you return any merchandise purchased using a gift card or e-gift card, any refund will be issued in the form of a J.Jill merchandise credit. Treat your gift cards and e-gift cards as you would cash. Gift card fraud can occur. We do not accept responsibility for gift cards and e-gift cards that are lost, damaged or stolen, or any unauthorized use of gift cards.

Unauthorized resale of gift cards or e-gift cards is prohibited. Special offers, coupons, discounts or rewards do not apply to the purchase of gift cards and e-gift cards. Gift cards and e-gift cards are not reloadable; therefore, we cannot add value back onto your existing gift card or e-gift cards for any reason. The maximum gift card and e-gift cards denomination available for purchase is five hundred dollars ($500.00) and total gift card and e-gift cards purchases for any customer may not exceed five thousand dollars ($5,000.00) in one day or ten thousand dollars ($10,000.00) in any seven (7) day period. We have the right to refuse any sale of a gift card and e-gift cards for any reason and to cooperate with law enforcement. You may not use a gift card or e-gift cards to purchase other gift card or e-gift cards. Your gift card or e-gift cards number may be deactivated if issued, procured or used fraudulently. We reserve the right to cancel or suspend transactions or to restrict future transactions at any time for any reason.

If the date on which you want an eGift Card delivered has passed and you have not received confirmation that the eGift Card was sent, please contact us at 1.800.343.5700. We are not responsible for eGift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient is correct and contact us at 1.800.343.5700 if you suspect the recipient did not receive their eGift Card. Should an email be returned to us due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.

E-gift cards are delivered via email. If you have confirmed the recipient’s email address but the e-gift card has not been viewed within a reasonable period after the requested delivery date, the following is a list of the most common reasons why delivery may have failed:

  1. Spam filter blocked email or routed it to a bulk/spam folder
  2. Recipient’s firewall blocked the email
  3. Email inbox is over size limit
  4. Invalid email address

If a spam filter is blocking our emails from getting to an inbox, the email options will need to be modified so that J.Jill emails are not considered spam. If you need further assistance, contact us at 1.800.343.5700. Please refer to your order number or be ready to supply your email address.

ACCEPTABLE USE OF THE SERVICES

Services Ownership. Unless otherwise noted in these Terms, the entire design and content of the Services, including clothing and other product designs, icons, navigational buttons, images, artwork, graphics, the so called “look and feel,” photography, text, and audio and video clips (collectively, the “Contents”), are owned by us, or by third parties who have licensed their materials to us, and are protected by U.S. copyright, trademark, and other laws. Your use of the Services does not transfer to you any right, title, or interest in, to, or associated with the Services or its Contents.

Permissible Uses. The Services and the Contents are intended solely for your lawful, personal, non-commercial use. You may use the Services only for the purposes and in the manner permitted by the Services and subject to these Terms and all applicable laws. When you access or use the Services, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate our or other people’s intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems, such as through Trojan horses or worms uploaded to or posted on the Services;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • use any means to scrape or crawl any web pages contained in the Services;
  • download or copy the Contents displayed on the Services except for your personal use, in which event no right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying;
  • 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 Services;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

User Submissions. The Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

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. When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world and in any media. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services.

You promise that you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Services for any reason.

Notice of Copyright Infringement. If you believe in good faith that any Contents of the Services or any User Content infringes upon your copyright, you should notify our Copyright Agent 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) a description of the copyrighted work that you claim has been infringed;
(ii) a description of where the material that you claim is infringing is located;
(iii) your address, telephone number, and e-mail address;
(iv) 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;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(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.

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Norfolk County, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Links to Other Websites. For your convenience, the Services may contain links to other websites that are not under our control and may be governed by other terms and privacy practices. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for the linked website or for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Privacy & Security. Please read our Privacy Policy which is incorporated into these Terms. By accessing the Services or purchasing from us, you agree with and consent to our Privacy Policy.

SMS Terms. Our Text Message Terms & Conditions can be found here. Those Terms and Conditions are incorporated into and incorporate these Terms.

Changes to the Services. We enhance and update the Services often. We may change or discontinue the Services or portions of the Services at any time, with or without notice to you.

Termination. We reserve the right to not provide the Services to any person. We also reserve the right to terminate any user’s right to access the Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Services automatically terminates.

DISPUTE RESOLUTION

Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, proceedings, demands, losses, damages, costs and expenses, including attorneys’ fees and legal costs, of any kind or nature, relating to (1) your use of the Services, (2) your User Content, (3) your unauthorized use of the Contents, and/or (4) your breach or alleged breach of these Terms. If we assume the defense of such a matter, you agree to reasonably cooperate with us in such defense.

Disclaimer of Warranties and Limitation of Liability. YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

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 Services 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).

DISPUTES ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

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, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court 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.

Binding Arbitration Agreement and Class Action Waiver. You and we agree that we will resolve any controversies, claims, counterclaims, or other Disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Rules of the American Arbitration Association (“AAA Rules”), except as the AAA Rules are altered by these Terms. This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim (defined below). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Jill Acquisition LLC, 4 Batterymarch Park, Quincy, MA 02169, Attn: General Counsel. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us. All arbitration proceedings shall be initiated in Norfolk County, Massachusetts.

Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. Offers of judgment pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

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

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.

Other Provisions. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature relating to these Terms or the Services, except as otherwise expressly set forth herein, will be filed only in the state or federal courts located in Norfolk County, Massachusetts. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

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