This website located at www.jfgiftcard.com (this “Site”) is owned and operated by JFGC, LLC (“JFGC” or “Company”). JFGC provides website features, gift certificates and services to you when you visit this Site, or access this Site from your mobile devices or use software provided by JFGC in connection with any of the foregoing (collectively, “JFGC Services”). JFGC provides access to this Site and the JFGC Services subject to these Terms of Service.
By using JFGC Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, or any JFGC service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law. JFGC may change these Terms of Service at any time without notice. When we make changes, we will post them here.
Your continued use of this Site or any JFGC Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site.
When you use any JFGC Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MEMBERSHIP CREDITS AND GIFT CERTIFICATES
As of April 30, 2015, JFGC is the sole issuer and legal obligor with respect to all gift certificates, including any membership credits issued by Just Fabulous, Inc. and its affiliated brands JustFab, Fabletics, ShoeDazzle and/or Fabkids (collectively “JustFab”), prior to such date and converted into gift certificates. JFGC is responsible for the management and operation of the membership credit conversion and gift certificate program. You acknowledge that any liability with respect to your converted membership credits and issued gift certificates is the sole responsibility of JFGC.
Any membership credits issued to you by JustFab, Fabletics, ShoeDazzle or Fabkids (each, a “JF Brand”) may be automatically converted into electronic gift certificates (each, a “JF Gift Certificate”) if they are unused following the twelve (12) month anniversary of issuance.
JF Gift Certificates constitute prepaid gift certificates that are provided in connection with the JF Brand VIP Membership Programs. Each JF Gift Certificate can be used by you to purchase merchandise of the corresponding JF Brand at a price below the regular retail price if you are a VIP Member at the time of redemption. Non VIP Members can also use JF Gift Certificates to purchase JF Brand merchandise at the regular retail price. JF Gift Certificates are freely transferrable to other VIP Members or non-VIP Members. The JF Gift Certificates can be broken and applied across multiple purchases.
Gift certificates are not refundable or redeemable for cash, except in states where required by law. Gift certificates can only be used toward purchasing respective items on www.justfab.com; www.fabletics.com, www.shoedazzle.com, or www.fabkids.com. If you received a credit from JustFab then you will receive a gift certificate that can be used to make purchases from www.justfab.com, JustFab gift certificates cannot be used to make purchases from the other JF Brands. If you received a credit from Fabletics then you will receive a gift certificate you can use to make purchases from www.fabletics.com, Fabletics gift certificates cannot be used to make purchases from the other JF Brands. If you received a credit from ShoeDazzle then you will receive a gift certificate you can use to make purchases from www.shoedazzle.com, ShoeDazzle gift certificates cannot be used to make purchases from the other JF Brands. If you received a credit from Fabkids then you will receive a gift certificate you can use to make purchases from www.fabkids.com, FabKids gift certificates cannot be used to make purchases from the other JF Brands.
Your respective JustFab, Fabletics, ShoeDazzle and/or FabKids account reflects the balance of VIP Membership credits. The account balance will be adjusted as VIP Membership credits are converted to JF Gift Certificates. Membership credits and gift certificates do not expire. However, JFGC expressly reserves the right to impose inactivity or dormancy fees on membership credits and gift certificates in some or all states, and may begin imposing such fees at any time by providing at least thirty (30) days’ advance notice, which notice shall be given by posting revised Terms of Service on this Site.
Please see the following websites for more details regarding VIP Membership and how membership credits are earned: www.justfab.com; www.fabletics.com, www.shoedazzle.com, www.fabkids.com.
If you received a JustFab gift certificate you can redeem the gift certificate two ways: (1) enter the 16 digit gift certificate code in the “Add Promo Code/Gift Certificate” section during the checkout process when making a purchase; or (2) visit http://www.justfab.com/index.cfm?action=accountinfo.gift_card_redeem.
If you received a Fabletics gift certificate you can redeem the gift certificate two ways: (1) enter the 16 digit gift certificate code in the “Enter Coupon Code” section during the checkout process when making a purchase; or (2) visit http://www.fabletics.com/giftcard/redeem/public#accountinfo.gift_card_redeem.
If you received a FabKids gift certificate you can redeem the gift certificate two ways: (1) enter the 16 digit gift certificate code in the “Add Promo Code” section during the checkout process when making a purchase; or (2) visit http://www.fabkids.com/index.cfm?action=giftcard.main.
If you received a ShoeDazzle gift certificate you can redeem the gift certificate by entering the 16 digit gift certificate code in the “Gift Card” section during the checkout process when making a purchase.
To view the amount of your JF Gift Certificate, enter your email address or the gift certificate code on the homepage of this Site. If you have already used the Gift Certificate code to make a purchase, any remaining value from the gift certificate will be automatically credited back to your JF Brand Account under the “store credit” section.
If you cannot locate the email with the gift certificate code, you may enter your email address at http://www.jfgiftcard.com and use the “resend email” feature. You can also contact us Monday through Friday from 10am-7pm EST at the following number: 855-202-3566, or send us an email at [email protected].
Purchase amounts that exceed the value of any JF Gift Certificate will require additional payment for the balance due.
We reserve the right to restrict the redemption of more than $500 in gift certificate balances by one person in a 30 day period.
If you have any questions regarding our JF Gift Certificate policies please send all inquiries to JFGC, LLC, 1590 Rosecrans Avenue, Suite D-337, Manhattan Beach, CA 90266, Attention: Customer Service, or contact our representatives at 1-855-202-3566 or email us at [email protected].
JFCG LIMITATTION OF LIABILITY
YOUR USE OF THIS SITE AND ANY JFGC SERVICES ARE AT YOUR SOLE RISK. THIS SITE AND THE JFGC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JFGC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JFGC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
JFGC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE JFGC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE JFGC SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
JFGC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE JFGC SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH JFGC, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF JFGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JFGC makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and JFGC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. JFGC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through this Site or the JFGC Services.
Any and all JFGC Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing and using this Site. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. JFGC specifically prohibits any use of the JFGC Services, and requires all users to agree not to use the JFGC Services, for any of the following:
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any JFGC Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to JFGC and all rights thereto are specifically reserved. As between you and JFGC, (or any other company whose marks appear on any of the JFGC Services), JFGC (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the JFGC Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The JFGC logos, designs, titles, phrases and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “JFGC Intellectual Property”) are owned by JFGC and may be registered in the United States and internationally. You agree not to display or use the JFGC Intellectual Property in any manner without JFGC’s prior written permission. Nothing contained on this Site or in any of the JFGC Services should be construed to grant any license or right to use any JFGC Intellectual Property without the prior written consent of JFGC.
Except as otherwise provided herein, use of the JFGC Services does not grant you a license to any materials, content or features you may access on this Site or via the JFGC Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the JFGC Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by JFGC. If you make use of the JFGC Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the JFGC Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
Use of this Site or the JFGC Services, and any controversy, claim or dispute arising out of or relating in any way to your use of this Site and the JFGC Services, shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to JFGC must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and the JFGC waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of this Site and the JFGC Services, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as “the class action waiver”).
Agreement to Pre-Arbitration Notification
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). JFGC and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or JFGC shall send a letter to the other side briefly summarizing the claim and the request for relief. If JFGC is the claimant, the letter shall be sent, via email. If you are the claimant, the letter shall be sent to JFGC, LLC, 1590 Rosecrans Avenue, Suite D-337, Manhattan Beach, CA 90266, Attention: General Counsel. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of this Site or the JFGC Services, and any controversy, claim or dispute arising out of or relating in any way to your use of this Site or the JFGC Services, shall be resolved by final and binding arbitration between you and JFGC.
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, JFGC will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, JFGC will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of JFGC's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then JFGC will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and JFGC waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following. Within 15 days of receiving a JF Gift Certificate, you must send a letter to JFGC, LLC, 1590 Rosecrans Avenue, Suite D-337, Manhattan Beach, CA 90266, Attention: General Counsel, that specifies: (1) your name, (2) your JF Gift Certificate Code, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if JFGC makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to JFGC's address), you may reject any such change by sending a letter to JFGC within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
These Terms of Service constitute the entire agreement between you and JFGC and govern your use of this Site and the JFGC Services. JFGC may terminate this Agreement and deny you access to this Site and the JFGC Services at any time, immediately and without notice, if in JFGC's sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between JFGC and you as a result of this Agreement or your use of this Site or the JFGC Services.
The failure of JFGC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the terms or any of your rights or obligations under the Terms without JFGC’s express written consent. The Terms inure to the benefit of JFGC’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Updated: April 30, 2015