Terms and Conditions

Jedora Terms of Use

Welcome to Jedora®! The following terms of use, together with any other policies expressly incorporated herein by reference (collectively, the “Terms”), govern your access to and use of jedora.com and linked sites, either through a web browser, mobile browser or mobile app (we refer to all of these collectively as the “Site”), including any content, functionality, and services offered on or through the Site. BY ACCESSING THE SITE OR USING THE SERVICES PROVIDED ON THE SITE, YOU ARE AGREEING TO THESE TERMS OF USE (THESE “TERMS”) AND OUR PRIVACY POLICY, FOUND AT https://www.jedora.com/help/privacy-policy INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR THE PRIVACY POLICY, YOU CANNOT ACCESS OR USE THE SITE. 

These Terms are entered into by and between you and BJMS, Inc. d/b/a Jedora (“Jedora”). Jedora is affiliated with a variety of other companies (“Affiliated Companies”) such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of Jedora. For purposes of these terms and conditions, Affiliated Companies shall include any entity or joint venture that is wholly or partially owned or controlled by Jedora or MCGI, that wholly or partially owns or controls Jedora or MCGI, or that is related to Jedora or MCGI through common ownership. Any reference to “Jedora” in these Terms includes Affiliated Companies that utilize or offer services through the Site.

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. WHERE PERMITTED BY LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN THROUGH A COURT OF LAW, INCLUDING, WHERE APPLICABLE, JURY TRIALS OR CLASS ACTIONS.  IT ALSO IMPOSES A LIMITATION ON THE TIME TO BRING CERTAIN CLAIMS AGAINST JEDORA.

Use of the Site. Use of the Site is restricted to individuals who are either over the age of majority in their state, province, or territory of residence, or those between the ages of 13 and the age of majority in their state, province, or territory of residence who are acting with the permission of a parent or guardian. By using the Site or any of the services offered through the Site, you represent to Jedora that you are in one of these age categories.

These Terms govern your use of the website features, products, and services available when you shop or visit the Site. If you wish to become a seller on Jedora, you must first complete a registration process to become an approved seller and agree to additional terms of service applicable to all sellers on Jedora.

The Site is intended for users located in the United States. It is not intended for users located in other countries, including the European Union and the European Economic Area. By using this Site, you represent to Jedora that you are not located in the European Union or the European Economic Area or otherwise subject to the protections of the General Data Protection Regulation (“GDPR”).

You hereby agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of the Site. As a condition of access to and use of the Site, you warrant to Jedora that you will not access or use the Site for any purpose that is unlawful or prohibited by these Terms. Jedora reserves the right to terminate accounts, terminate your rights to use Jedora services, cancel orders, or remove or edit content, in Jedora’s sole discretion.

To use some of the services available on the Site, you will need to create an account. In order to register, we will require that you provide certain information, which may include your name (not an assumed name), valid address, valid email address, valid phone number, and valid payment method. You are responsible for providing Jedora with updated contact information. Jedora will rely on the most recent information provided by you in order to contact you. Minors between the ages of 13 and 18 may not create an account and may only use an account owned by a parent or legal guardian with their permission and under their direct supervision.

You should take all reasonable steps to maintain the security of your account and password. You agree that you are solely responsible for any and all actions taken under your account or password. You agree to be financially responsible for all of your activity on the Site.

Mobile Site and Applications. Your access to and use of the Site may include access from your mobile phone or other device via mobile websites or the Jedora app (the “Mobile Services”). Jedora does not charge for this access, but your mobile carrier’s normal data, Internet, text messaging (SMS), and other service fees and charges apply to your use of, and access to, the Mobile Services. You are responsible for all charges and fees from your mobile carrier. Do not use the Mobile Services while driving. The Mobile Services may not be compatible with all mobile devices and carriers. If you have installed the Jedora app on your mobile device, you may receive “push” messages from Jedora even when the app is not active, unless you “opt out” of receiving such messages. You agree that Jedora may communicate with you by SMS, MMS, or other electronic means and that certain information about your usage of the Mobile Services may be communicated to Jedora. Jedora does not guarantee that the Mobile Services will be available at all times or in all areas. Unfortunately, no data transmission via a mobile device can be guaranteed to be 100% secure; accordingly, you acknowledge that your use of the Mobile Services, including the transmission of personal information, is at your own risk.

Privacy. Jedora knows you care about how your personal information is used. Our Privacy Policy at https://www.jedora.com/help/privacy-policy describes how your personal information is collected, used, and shared when you use the Site. By engaging with the Site and using any of the services provided on the Site, you agree that Jedora can process your information in accordance with the terms of the Privacy Policy.

Both Jedora and independent sellers process customers’ personal information for purposes such as order fulfillment and are therefore each considered separate and independent data controllers of customers’ personal information. Independent sellers operating shops on Jedora are responsible for the personal information they process in fulfilling orders and providing services on the Site, and you agree that Jedora will not be held responsible for any unauthorized disclosure of personal information caused by an independent seller.

Electronic Communications. When you utilize the services provided on the Site, you consent to receive communications from Jedora electronically, such as e-mails, mobile push notices, or notices and messages on this Site and agree that all such communications we provide to you electronically satisfy any legal requirement that the communications be in writing.

Purchasing on Jedora.

Independent Sellers; Limitation of Liability. Jedora is a marketplace for sellers to sell their jewelry products. The products made available and sold on the Site are produced, listed, and sold directly by independent sellers. Jedora cannot and does not make any representations or warranties as to the safety, quality, or legality of any of the products offered by any seller on the Jedora marketplace. Jedora does not assume, and hereby disclaims, any responsibility or liability for the actions, products, or content of any independent seller on Jedora, including without limitation liability related to defective items, misrepresentations by sellers, or items that cause physical injury, and you hereby release Jedora from any and all such liability. JEDORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any claim related to an item you purchase on Jedora must be brought directly against the seller of the item.

Pricing. All prices shown on the Site are quoted in United States Dollars. In addition to the price for goods and services, charges will be added for shipping and handling (in the event you select an expedited shipping option) and also sales tax (where required by law) to all orders. Jedora calculates, collects, and remits tax on sales made by sellers and shipped to customers located in the U.S. jurisdictions that have enacted Marketplace Facilitator or similar laws. These laws shift collection responsibility from the seller to the marketplace facilitating the sale. Jedora is unable to comment on individual sellers’ tax obligations.

In the event that a product or service is listed on Jedora at an incorrect price for any reason, including, without limitation, due to seller pricing information, typographical error, or any other error, Jedora shall have the right to refuse or cancel orders placed for the product when it was listed at the incorrect price, regardless of whether the order has been confirmed and your method of payment has been charged. If you have already been charged for the purchase and your order is canceled, Jedora shall promptly issue a credit to your method of payment in the amount of the incorrect price.

Jewel Pay® Installment Payment Program. Jewel Pay® allows you to purchase certain items by paying a deposit and making installment payments over a specified amount of time. Any item that is eligible for Jewel Pay® (each a “Jewel Pay Eligible Item”) will be designated with a graphic or other indicator on its item listing. Jedora will designate the deposit and the number of installment payments that will be accepted for each Jewel Pay Eligible Item.

The amount of the deposit and subsequent installments will be calculated as follows: the product price will be divided by the deposit and number of monthly installments. Shipping and handling charges along with any fees for appraisals and/or sizing services will be added to the deposit amount. Applicable taxes and Jewel Safe™ warranties will be divided equally among the deposit and monthly installments. In some instances, the product price cannot be paid in precisely equal payment amounts. What that occurs, the deposit may be adjusted appropriately, usually only by a few cents, to make sure the purchase price is paid in full.

The following example demonstrates how the amounts of the deposit and each monthly installment will be calculated: A customer orders a $250 tanzanite ring through a three-payment Jewel Pay™ installment offer. Shipping and handling is $3.95, and the customer adds a service that costs $50. The deposit payment would equal $137.29 ($83.34+ $3.95 + $50). The two subsequent monthly installment payments would be $83.33.

The following methods of payment can be used for Jewel Pay Eligible Items: Visa, MasterCard, American Express, and Discover Card (each referred to as an “Jewel Pay Eligible MOP”). If you use a credit card to pay for Jewel Pay Eligible Items, you will be responsible for any interest and/or other charges that accrue on your credit account as a result of the purchase.

By choosing to use Jewel Pay® on any Jewel Pay Eligible Item, you authorize Jedora to charge your Jewel Pay Eligible MOP for the deposit on the day the Jewel Pay Eligible Item ships and appropriate number of installment(s) every 30 days thereafter until the price of the Jewel Pay Eligible Item is paid in full.

If any charge for a Jewel Pay Eligible Item is declined, we may resubmit it the number of times permitted by payment card rules. If the charge is declined after being resubmitted as permitted by the payment card rules, we may charge you reasonable costs of collection. In order to avoid declines, you agree to provide us with updated information if the number changes on your Jewel Pay Eligible MOP or the card expires, and you authorize us to charge updated card information that we may obtain from other sources.

Disputes concerning your participation in the Jewel Pay® Program (including past due payments) are subject to Jedora’s Disputes Policy contained in these Terms of Use.

You must choose to participate in Jewel Pay® at the time you order a Jewel Pay Eligible Item. Jewel Pay® cannot be used with an existing order or on any item that is not a Jewel Pay Eligible Item.

By purchasing any Jewel Pay Eligible Item using Jewel Pay®, you agree to be bound by the above terms and conditions for Jewel Pay®. You also agree that to the extent required by law, by purchasing any item through the Site, providing your debit/credit card number, providing other identifying information, and/or any other actions to affect an order, you have provided your electronic signature agreeing to Jedora’s Terms of Use and otherwise agree to these Terms.

Shipping. Purchases made on the Site may be shipped directly to you by the seller or, in the event the product has been enrolled in the Fulfillment by Jedora service, Jedora may ship the product to you. You must provide a verifiable address for shipment, and failure to do so may result in shipping delays. Additionally, Jedora may from time to time require loose gemstones be inspected by us prior to shipment to you.  In those cases, the expected ship date posted may be delayed. Jedora reserves the right to restrict shipments to freight forwarding companies. Unless otherwise agreed upon by you and the seller, title and risk of loss for all products purchased by you pass to you upon tender of the products to the carrier for delivery to your specified delivery address.

Jedora’s free shipping offer applies to standard shipping rates on packages delivered anywhere in the United States, including Alaska, Hawaii, and Puerto Rico. Additional surcharges may apply to packages shipped to or from any other location and oversized packages. If you need your package faster, you can purchase an expedited shipping option at checkout.

Returns. Each seller on Jedora sets their own policies regarding returns and exchanges, provided that each seller must allow a minimum thirty (30) day return period from the date you receive the package.  Sellers are not required to accept a return or exchange received by the seller after the return period expressly stated in their store policies. Returned items must be in their original, unworn condition. Returns will not be processed for any items that have been worn or altered in any way after shipment to the customer. Jedora offers free return shipping on all eligible items. No items other than the ones listed on the front of the packing slip may be included in any one return package; inclusion of other items may delay or prevent your refund. For orders totaling $999.99 or less, a return form and pre-paid label will be included as part of your packing slip. For orders totaling more than $999.99, call 833-453-3672 to initiate your return and receive a UPS return shipping label.

To return an item, select your reason for return and include the form in the return merchandise package. The return form must be included in your return package to receive proper credit. Package your return in the original packaging (or similar appropriate shipping container), completely remove or obscure the original shipping label, and apply the provided pre-paid return shipping label to the front of the package. Drop the package off at your local post office or UPS location, as directed on your return label, and your return will be automatically protected after it is scanned at the post office or UPS, as applicable. Please hold on to your tracking receipt until your refund appears in your account. Please note, you bear the risk of loss on all return packages until the package has been scanned by the carrier.  

For any items that were shipped with a gemstone certificate, the gemstone certificate must be included in your return package in order to receive a full refund.  If the gemstone certificate is missing from your return, a fee equal to 25% of the purchase price of the item will be deducted from your refund.

Each seller on Jedora may, in its sole discretion, but is not obligated to, accept a return of merchandise after the stated return period; provided, however, in the event the seller agrees to accept a late return, you will be charged a restocking fee equal to 25% of the purchase price of the returned item(s). In the event you send a late return that is not accepted, Jedora reserves the right to charge you for the actual cost of shipping the item(s) back to you.

Additional Terms. All policies that are located in the Help section of the Site are incorporated into these Terms and provide additional terms and conditions concerning your dealings with Jedora. 

Access and Interference. You agree that you will not take any action that imposes or may impose (in Jedora’s sole discretion) a threat to Jedora’s infrastructure; use any robot, spider, scraper or other automated means to access the Site for any purpose without Jedora’s express written permission; or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Your Comments and Other Content. Any comments or other communications you post on the Site, including any questions, suggestions, photos, videos, and other content, will be treated as non-confidential and non-proprietary in nature and will be subject to the provisions of Jedora’s Privacy Policy and Community Policy as well as the terms contained herein. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead others as to the origin of your content. You acknowledge and agree that you are solely responsible for all content you post on the Site. Jedora reserves the right (but not the obligation) to remove or edit any content it deems to be in violation of these Terms.

When you post content on or through the Site, you grant Jedora a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant Jedora the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Jedora for all claims resulting from content you supply. Jedora does not have the obligation to monitor, edit, or remove any activity or content, but it reserves the right to do so at its election. Jedora takes no responsibility and assumes no liability for any content posted by you or any third party.

Content on the Site.  The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the Site is the property of Jedora or its independent sellers and content suppliers. Such content is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by Jedora, its independent sellers, or by third parties that have licensed their use to Jedora. Your use of content made available on the Site is limited to your own personal, non-commercial use in connection with shopping and ordering on the Jedora marketplace and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in these Terms or in writing by Jedora is strictly prohibited. Any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any displayed trademark or service mark without the written permission of Jedora or any third party that may own such trademarks or service marks.

Termination.  Jedora may, in its sole discretion, terminate operation of the Site or any portion thereof, or any products or services offered through the Site, or terminate any individual's right to access or use the Site at any time without notice to you, without any liability to you whatsoever. Jedora may terminate or suspend access to your account or otherwise restrict your access to the services provided on Jedora if we have reason to believe you have violated these Terms. 

These Terms will survive termination of your use of the Site or the services offered on the Site if survival after termination is reasonably necessary to their intent. Surviving provisions include without limitation, the restrictions imposed on you with respect to intellectual property and provisions addressing disclaimers, indemnities, limitations of liabilities, governing law, venue, arbitration, class action and jury waivers, time limits on making claims, and dispute resolution.

Indemnity and Release. You agree to defend, indemnify and hold harmless Jedora, its affiliates, employees, officers, directors, and agents from and against any claims, losses, damages, liabilities, costs, or demands, including reasonable legal fees (including attorney fees) and disbursements, arising out of or relating to your breach of these Terms or your access to or use (or misuse) of the Site or the services provided thereon. 

Although Jedora may take action to remove any content on the Site that violates these Terms, it is possible that you may encounter content that you find offensive or inappropriate during your use of the Site. Jedora is not responsible for content posted by independent sellers or other users of the Site, and you release Jedora from any and all liability relating to that content.

Changes and Amendments. JEDORA RESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS, INCLUDING ITS PRIVACY POLICY AND THE ADDITIONAL TERMS REFERENCED ABOVE, FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING THE SITE PERIODICALLY FOR ANY MODIFICATION TO THESE TERMS THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE SITE AND/OR PLACING ORDERS AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.

Links to Other Third-Party Sites. Links to other internet sites operated by third parties do not constitute sponsorship, endorsement or approval by Jedora of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Jedora, and Jedora is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. When you click on links to third-party sites, you access them at your own risk. Also, the third parties may require you to accept their own terms of use. Such terms are separate from these Terms and are solely between you and the third party.

Disclaimer and Limitation of Liability. JEDORA MAKES NO WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF THE SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. JEDORA ALSO DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL CONTENT PROVIDED THEREON IS PROVIDED TO USERS "AS IS," WITHOUTANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTIBLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AS WELL AS WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL JEDORA, NOR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED WEBSITE OR ITS CONTENTS OR ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF JEDORA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JEDORA’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS (USD $10.00).

Applicable Law. These Terms shall be governed and construed according to the Federal Arbitration Act, federal law, and laws of the State of Tennessee, as applicable, without regard to conflicts or choice of law provisions; provided however, that state and federal class action rules shall not apply to any Claim between you and Jedora. (“Claim” is defined below in the provision addressing arbitration.)

DISPUTE RESOLUTION AND ARBITRATION.  UNDER THESE TERMS, EXCEPT WHERE PROHIBITED BY LAW, BOTH YOU AND JEDORA HAVE GIVEN UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, EXCEPT AS SET OUT BELOW.  OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

ARBITRATION.  EXCEPT WHERE PROHIBITED BY LAW, ANY CONTROVERSY OR CLAIM EITHER PARTY MAY HAVE AGAINST THE OTHER, WHETHER PRE-EXISTING, PRESENT OR FUTURE, IN CONTRACT OR TORT OR OTHERWISE, ARISING OUT OF, ARISING UNDER OR RELATING IN ANY MANNER TO THESE TERMS, YOUR USE OF THE SITE, OR ANY SERVICES PROVIDED THEREON (EACH A “CLAIM”) SHALL BE SETTLED EXCLUSIVELY AND FINALLY  BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) USING THE AAA'S  RULES AND PROCEDURES APPLICABLE TO CONSUMER DISPUTES. THE AAA’S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879.  ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND FINAL AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT.  THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY AND SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISON, INCLUIDNG ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THE ARBITRATION PROVISION OF THESE TERMS IS VOID, VOIDABLE OR OTHERWISE INVALID. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION IN THE VENUE IN WHICH THE ARBITRATION IS CONDUCTED.  SUCH ARBITRATION SHALL BE SPECIFIC TO YOU. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. JEDORA WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $5,000.00 UNLESS THE ARBITRATOR DETERMINES YOUR CLAIMS ARE FRIVOLOUS.

CLASS ACTION WAIVER.  EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN OR BRING ANY CLASS ACTION AGAINST JEDORA, EITHER IN ARBITRATION OR IN ANY COURT, AS A LEAD PLAINTIFF, CLASS REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL OR AS PART OF A CONSOLIDATED ACTION. 

CERTAIN SMALL CLAIMS. FOR CLAIMS THAT DO NOT EXCEED $5,000 AND DO NOT INVOLVE A REQUEST FOR AN INJUNCTION OR OTHER EQUITABLE RELIEF, BOTH PARTIES RETAIN THE RIGHT TO SEEK ADJUDICATION IN A COURT IN THE COUNTY OR OTHER APPLICABLE LOCAL JURISDICTION OF YOUR RESIDENCE. EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE ANY RIGHT TO CONSOLIDATE OR OTHERWISE COMBINE YOUR CLAIM WITH ANY CLAIM(S) FILED BY OTHER PERSONS.

INTELLECTUAL PROPERTY DISPUTES.  NOTWITHSTANDING LANGUAGE IN THESE TERMS TO THE CONTRARY, EITHER YOU OR JEDORA MAY FILE SUIT IN COURT TO ASSERT INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY.

EXCLUSIVE VENUE AND JURY TRIAL WAIVER.  IN THE EVENT THE FOREGOING AGREEMENT TO ARBITRATE IS HELD TO BE UNENFORCEABLE BY ANY COURT OR ARBITRATOR, YOU AND JEDORA AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN KNOX COUNTY, TENNESSEE TO RESOLVE ANY CLAIM. YOU ALSO AGREE TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR INTELLECTUAL PROPERTY DISPUTES. IN EITHER SITUATION, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

TIME LIMIT ON CLAIMS. EXCEPT FOR CLAIMS CONCERNING INTELLECTUAL PROPERTY AND INDEMNITY, YOU AGREE THAT ALL CLAIMS YOU HAVE AGAINST JEDORA MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED. (“CLAIM” IS DEFINED IN THE ABOVE SECTION ADDRESSING ARBITRATION.)

Intellectual Property Infringement. Jedora is a marketplace for independent sellers who run their own shops and are responsible for their own content.  Each seller is responsible for ensuring they have the necessary rights to the content they post. Jedora will use its best efforts to respond in an appropriate way when we receive proper notice of intellectual property infringement by a seller on Jedora or another user.  Jedora is not in a position to provide legal advice or make legal determinations as to whether a seller’s content infringes your intellectual property rights. Jedora will remove material cited for alleged intellectual property infringement when provided with a complete and proper notice.  

Please use the information below to submit to Jedora notice of claimed infringement.  Jedora may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right.  Jedora may reject notices that contain information we reasonably deem to be false, fraudulent, incomplete, or otherwise submitted in bad faith.

In accordance with the Digital Millennium Copyright Act (DMCA), Jedora has designated an agent to receive notification of alleged copyright infringement occurring on the website.

DMCA Notification Agent

Attn: Jedora Legal Department

9600 Parkside Drive

Knoxville, Tennessee 37922

e-mail: DMCA@jedora.com

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For Jedora to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Jedora of an alleged copyright infringement, you should include the following information:

  • Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
  • Describe the material that is claimed to be infringing and provide sufficient information to permit Jedora to locate that material, including the name of the seller or store, if applicable.
  • Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
  • Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
  • Certify that the information that you have provided to Jedora is accurate.
  • Attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
  • Include your physical or electronic signature.
  • Jedora may not be able to act on your complaint promptly or at all if you do not provide this information.

 

REVISED:  September 30, 2021

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