Terms Of Use

Just Women’s Sports Inc.

Effective Date: 8/20/2026


INTRODUCTION & ACCEPTANCE OF THESE TERMS

These Terms of Use (“Terms”) govern your use of the websites, mobile applications, and other online platforms operated by Just Women’s Sports Inc. (“JWS,” “we,” “us” or “our”) where these Terms are posted, and all services and features available thereon (collectively, the “Sites”). 

Please read these Terms carefully, as they represent a binding contract between JWS and you. By (a) accepting these Terms using a mechanism made available on the Sites (such as clicking an “I Agree” button or checking a box) or (b) otherwise using the Sites for any purpose other than solely to review these Terms, you expressly represent that you (i) agree to be bound by these Terms and (ii) have reached the age of majority in your jurisdiction of residence or, if you are a minor, are at least 13 years of age and using the Sites under the supervision of a parent or legal guardian who has agreed to these Terms on behalf of you and him/herself. If you are under 13 years old, you may not use the Sites or provide any information to JWS. 

If you do not meet the age (and, if applicable, parent/guardian) requirement in the preceding paragraph, you do not agree to be bound by these Terms, or these Terms are not enforceable where you are located, you may not use the Sites. We would not provide the Sites without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach. 

If you are using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. In that case, references to “you” and “your” in these Terms will refer both to you, the individual using the Sites, and to the Organization you represent, unless context requires otherwise.

Certain areas, features, or functionalities of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means. All Additional Terms are hereby incorporated by reference into these Terms. Any reference to the “Terms” in this agreement includes the Additional Terms. From time to time, Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control.


ARBITRATION NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU AND JWS TO ARBITRATE ANY DISPUTES (DEFINED BELOW) ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.


ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Sites, you may be required to create an account on the Sites (an “Account”). You agree to provide truthful and accurate information during the Account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the Account creation process, we reserve the right to terminate your Account and suspend your use of the Sites. 

Further, you are responsible for preserving the confidentiality of your Account password and agree to notify us of any known or suspected unauthorized use of your Account. You agree that you are responsible for all acts or omissions that occur on your Account while your password is being used. 


OWNERSHIP OF THE SITES

The Sites and all of their content, features and functionalities, including all information, text, graphics, Trademarks (defined below), button icons, images, audio clips, video clips, data compilations, and the design, selection and arrangement thereof (collectively, the “JWS Content”), are the exclusive property of JWS or our licensors, are protected by United States and international copyright, trademark, patent, and/or other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. For avoidance of doubt, all references to the “Sites” in these Terms includes JWS Content.

We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, fully revocable license (the “License”) that is at all times subject to your compliance with these Terms. The License is available to you unless and until (a) you or we terminate these Terms, (b) we suspend your access to the Sites, or (c) you are barred from using the Sites by applicable law. JWS reserves all right, title, and interest not expressly granted under this License to the fullest extent possible under applicable law. 

Under the License, you are permitted to use the Sites in the following ways: (a) you may access and browse the Sites and use the features and functionalities made available to you thereon, using a device that you own or are authorized to use (a “Device”); (b) you may download the JWS Content from the Sites to a Device and print out a hard copy, provided that you do not modify the copy in any way and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.); (c) you may install a copy of any mobile applications that we make available on a Device; and (iv) your Device may temporarily store copies of the JWS Content incidental to your use of the Sites. Except as expressly provided in the preceding sentence or in Additional Terms, you may not modify, copy, distribute, display, reproduce, sell, license, create derivative works from, or otherwise use or exploit any JWS Content in any manner without the prior written authorization of JWS or the applicable licensor. Further, you may use the Sites solely for (i) your personal use (if you are an individual consumer) or (ii) internal business purposes (if you are using the Sites on behalf of an Organization). Any unauthorized use of the Sites may violate copyright laws, trademark laws, laws of privacy and publicity, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

The JWS Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (the “Trademarks”). The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of JWS’s or its licensors’ trademark or other rights. These Terms do not grant you any right to use the Trademarks. Under no circumstances are you permitted to use the Trademarks in a manner that creates a likelihood of consumer confusion as the source or identity of any products or services or the ownership of any Trademarks. 


Finally, the Sites are intended for users genuinely interested in the content of the Sites. Under no circumstances may the Sites be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Sites in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Sites for Litigation Purposes is strictly prohibited, exceeds the parameters of the License, and, as such, constitutes a breach by you of these Terms. In such circumstances, JWS may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach.


USER CONTENT & LICENSE GRANT TO JWS

Certain aspects of the Sites may permit users to submit, post, link, send, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by JWS, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to JWS. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content. 

You will retain ownership of any intellectual property rights that you own in your User Content. However, in exchange for the opportunity to use the Sites, you automatically grant to JWS a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use and exploit your User Content for any purpose (commercial or otherwise) and in any media, medium, form, format, and forum now known or hereafter developed (the “User Content License”). We may sublicense the rights granted under the User Content License through multiple tiers of sublicenses. By sharing User Content, you represent and warrant that you possess all rights necessary to grant the User Content License to JWS.  

User Content shall not be deemed confidential and JWS shall not have any obligation to keep any such material confidential. Pursuant to the User Content License, JWS shall be free to use any ideas, concepts, know-how, or techniques contained in User Content for any purpose, including developing, manufacturing, and marketing products and services incorporating or based on your User Content, all without any compensation or attribution to you. 

For avoidance of doubt, all User Content on the Sites is considered JWS Content. As such, aside from the limited right to access and use the Sites and the JWS Content granted in the License, you may not use or exploit User Content shared by another party in any way without the prior written permission of the owner of such content.

Notwithstanding anything to the contrary in these Terms, the User Content License does not apply to personal information included in User Content that is not intended for public display (“Private Submissions”), such as personal information submitted when creating an Account. Personal information included in Private Submissions shall be treated in accordance with our Privacy Policy. For clarification, personal information included in User Content intended for public display on the Sites is licensed to us pursuant to the User Content License.


VIDEO CONTENT ON THE SITES

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with JWS’s business activities related to the provision of news content in the field of sports. JWS is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Sites, you agree that JWS is not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710 or similar state laws.

Further, the Sites may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, web beacons, and cookies, that track and analyze information about your activity on the Sites (collectively, “Cookies”). Cookies may result in information about your activity on the Sites being transmitted from your browser to JWS and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, services, or platforms (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of JWS’s knowledge or control, including what External Sites you use, what information you have provided to such External Sites, and whether (and the extent to which) you have limited the use of Cookies by the operators of External Sites. 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, IF COOKIES ON THE SITES RESULT IN YOUR BROWSER’S TRANSMISSION OF INFORMATION TO EXTERNAL SITES, (I) SUCH TRANSMISSIONS DO NOT CONSTITUTE A “KNOWING DISCLOSURE” OF “PERSONALLY IDENTIFIABLE INFORMATION” BY JWS UNDER THE VPPA AND (II) YOU WILL NOT INITIATE ANY LITIGATION OR OTHERWISE ASSERT ANY CLAIM AGAINST JWS BASED, IN WHOLE OR IN PART, ON SUCH TRANSMISSIONS, WHETHER UNDER THE VPPA, THE CALIFORNIA INVASION OF PRIVACY ACT (CAL. PENAL CODE § 630 ET SEQ.), OR ANY OTHER STATUTE, REGULATION, OR CAUSE OF ACTION.  


ORDERS

In some cases, you may be able to purchase products or services offered by JWS (collectively “Products”) directly on the Sites (“Orders”). If you wish to place an Order, you will be asked to supply certain information, such as your name, Organization, payment method, billing information, and/or shipping information (collectively, “Payment Information”). 

The payment methods that we accept will be set forth on the Sites and may change from time to time. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD DESIGNATED BY YOU FOR AN ORDER. You further agree to provide current, complete, and accurate Payment Information. You agree to promptly update your Account and Payment Information as necessary, so that we can process your Orders and contact you as needed. JWS may use third-party service providers to process, fulfill, and/or ship Orders. By submitting any Payment Information, you grant to JWS the right to provide such information to third parties for purposes of facilitating the Order. Verification may be required prior to the completion of an Order.  

Your placement of an Order constitutes a request to purchase the relevant Product. All Orders are subject to our review and acceptance. A binding contract for the purchase of the relevant Product is not formed until we expressly accept the Order by sending you a shipping confirmation or otherwise notifying you that the Order is being processed for shipment. We reserve the right to reject Orders as we deem necessary, and we shall have no liability to you other than providing a refund, if applicable. We also reserve the right to limit quantities purchased per person, per household, or per Order. If we reject or modify an Order, we will attempt to notify you via the information we have on file for you. 

The shipping methods available for Orders will be presented on the Sites. We only ship Products to certain geographic areas. If you request shipment to an address in a geographic area to which we do not ship, either (a) you will be prevented from submitting the Order or (b) we will reject the Order upon receipt or otherwise communicate with you regarding the issue. We reserve the right to send components of a single Order in multiple shipments. Unless we agree otherwise, the risk of loss for and title to Products purchased on the Sites passes to the purchaser upon delivery to the carrier. 

You agree to pay all charges incurred by you or on your behalf through the Sites at the price in effect when incurred, including any shipping charges. You are solely responsible for any taxes applicable to your Orders, regardless of whether tax is included in the price presented on the Sites. Further, it is your responsibility to comply with all laws applicable to your Order and any goods or services acquired as a result thereof. Any offer made on the Sites is void where prohibited. 

Certain Products may be eligible for return in accordance with the applicable return policy posted on the Sites (each, a “Return Policy”).


PRODUCT INFORMATION

The Sites may contain errors, inaccuracies, or omissions (“Errors”), which may relate to Product information, including descriptions, pricing, promotions, offers, and availability (collectively, “Product Information”). Certain Products displayed on the Sites may have limited quantities, may not always be available, and/or may be available only in certain geographic areas. The prices displayed on the Sites are subject to change without notice. 

We reserve the right to correct any Errors in Product Information at any time and without notice. We are not obligated to complete any Order or honor any price that involves an Error. We reserve the right to cancel or modify any Order affected by such Errors. If we do not cancel and Order affected by an Error, your sole remedy is to return the Product, to the extent available under the applicable Return Policy, if any. 

We cannot guarantee that your Device’s display of the colors of Products on the Sites will always be accurate. Differences in color and other variations between a Product displayed on the Sites and the actual Product are possible due to display technologies and other reasons. Unless we expressly provide otherwise, if a Product offered on the Sites is not as described, pictured, or otherwise does not meet your expectations, your sole remedy is to return the Product, to the extent available under the applicable Return Policy, if any.


USER CONDUCT

By using the Sites, you agree not to share any User Content or otherwise use the Sites in any manner that:

Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
Interferes with or disrupts the proper functioning of the Sites or the services connected to the Sites;
Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased, or impersonates any person;
Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Causes JWS to lose (in whole or in part) the services of our Internet service providers or other suppliers;
Links to materials or other content, directly or indirectly, to which you do not have a right to link;
Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory based on race, ethnicity, nationality, sex, sexuality, gender, or age;
Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
Violates, or encourages anyone to violate, these Terms or any applicable local, state, national, or international law, regulation, or order.

JWS shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Sites for the purpose or determining or enforcing compliance with these Terms. Further, JWS shall be free to delete, remove, or refuse to post any User Content if we determine that the content violates these Terms. 

You agree that JWS has the right to (i) disclose your identity or other relevant information about you to any third party who claims your User Content violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any illegal or unauthorized use of the Sites; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Sites. You hereby waive any claims related to any action or inaction of JWS with respect to (i) monitoring the use of the Sites; (ii) deleting, removing, modifying, or refusing to post any User Content; (iii) determining or enforcing compliance with these Terms; and (iv) cooperating with law enforcement on any matter related to the Sites. You further agree that JWS shall not be responsible for or liable to you with respect to any other user’s conduct that is prohibited under these Terms.   

Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about JWS, its employees or agents, or its products or services, to the extent that such Reviews are protected by applicable law. 


LINKS TO THE SITES 

You are permitted to establish a hyperlink to the homepage of the Sites, provided that (i) you do so in a manner that is fair, legal, and does not state or imply any sponsorship or endorsement of, or affiliation with, the originating website, application, or service (the “Originating Site”) by JWS; (ii) the Originating Site contains no content that you would be prohibited from sharing on the Sites pursuant to these Terms or any applicable law; (iii) the Originating Site is owned by you or you have express written consent from the owner to establish the link; and (iv) you do not establish a deep-link or otherwise link to any page other than the homepage of the Sites. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice. 


LINKS TO EXTERNAL SITES

The Sites may contain links to External Sites. We are not responsible for the availability of External Sites, nor do we endorse the activities or services provided by External Sites. Any terms and conditions and policies applicable to External Sites are established by the operator of the External Site and not by JWS. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on External Sites.


PRIVACY

Your submission of personal information through the Sites is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

As such, by using the Sites after reviewing these Terms, you are representing to JWS that you understand and accept how we collect, use, and disclose information concerning your use of the Sites, as set forth in our Privacy Policy. You understand and agree that (a) JWS is justifiably relying on this representation in granting you access to the Sites and (b) if you later take legal action inconsistent with this representation, such action will constitute evidence that your representation was false. In that case, JWS may elect to terminate these Terms, without prejudice to our ability to seek damages resulting from your breach. If you do not agree to the practices described in our Privacy Policy, you may not use the Sites or provide us with any information.


DISCLAIMER OF WARRANTIES

THE SITES

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITES ARE PROVIDED "AS IS." JWS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. JWS DISCLAIMS ANY IMPLIED WARRANTIES THAT THE SITES AND THE SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JWS OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, JWS MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE, OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL JWS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. 


PRODUCTS 

BY PLACING AN ORDER ON THE SITES, YOU UNDERSTAND AND AGREE THAT, UNLESS WE EXPRESSLY STATE IN WRITING THAT A WARRANTY APPLIES, THE PRODUCTS AVAILABLE ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. 


ADDITIONAL RIGHTS

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN ANY SUCH CASES, THE TERMS OF THIS SECTION 12 SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.  


LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JWS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES OR ANY PRODUCTS OBTAINED THROUGH THE SITES: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (WHETHER DIRECT OR INDIRECT); (3) ANY DAMAGES (INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE) ARISING FROM CAUSES BEYOND THEIR REASONABLE CONTROL; (3) ANY DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH; OR (4) FOR ANY DAMAGES ARISING FROM THE CONDUCT OF, OR YOUR INTERACTIONS WITH, OTHER USERS OF THE SITES, IN ALL CASES REGARDLESS OF LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF JWS, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, THE JWS PARTIES SHALL HAVE NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES. 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (I) $100 USD OR (II) THE AMOUNT YOU PAID TO JWS IN CONNECTION WITH YOUR USE OF THE SITES IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR FIRST CLAIM RELATED TO THE DISPUTE AROSE.  

ADDITIONAL RIGHTS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN THAT CASE, THE TERMS OF THIS SECTION 13 SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 


INDEMNIFICATION

You agree to indemnify, hold harmless, and (at JWS’s option) defend JWS from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to (a) any breach by you of these Terms; (b) any User Content you share; (c) any activity in which you engage on or through the Sites; and (d) your violation of any law or the rights of a third party. 

We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent. 

Separately, if you initiate (or threaten to initiate) any litigation, arbitration, or otherwise assert any claim against the Released Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, agreements, or consents that you have made to or with JWS pursuant to these Terms (collectively “Prohibited Legal Actions”), you agree to indemnify the Released Parties from and against any and liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to the Prohibited Legal Action or you threat of the same.


DISPUTES & ARBITRATION

If there is any controversy, claim, action, or dispute between you and JWS arising out of or related to your use of the Sites (including any products purchased from the Sites) or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and JWS agree to resolve the Dispute through the dispute resolution procedures set forth in this Section 15, even if that Dispute arose prior to the Effective Date of these Terms. 

Informal Dispute Resolution 

You and JWS agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).  

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and JWS. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.   

Dispute Notices shall be sent to:

To JWS: You must send notice (1) by electronic mail to shop@justwsports.com  and (2) by first-class or certified mail to 8605 Santa Monica Blvd, PMB 72622, West Hollywood, CA 90069 

To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and JWS will attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and JWS (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. JWS will participate in the Conference through one or more representatives, which may include our counsel.

Both you and JWS agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute. 



Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND JWS AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a hearing by teleconference or videoconference. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and JWS agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  


Mass Arbitration

This Section 15(C) applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in these Terms. 

If you or JWS file a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or JWS, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at www.jamsadr.com/mass-arbitration-procedures. 

You and JWS agree that, in the event of a Mass Arbitration, any issues arising under or relating to: (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable; or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section 15 or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.


Exceptions

In lieu of the dispute resolution procedures in Sections 15(A)-(C), you or JWS may (a) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) or (b) file a claim in court to (i) enjoin the infringement or other misuse of its intellectual property rights or (ii) seek a declaration that the other party is in breach of these Terms. You and JWS agree that, to the extent permitted by applicable law, any claims referenced in the preceding sentence must be brought and maintained on an individual basis.
 
Nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).


CHOICE OF LAW AND FORUM

These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of California, without giving effect to any conflict of laws principles. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to arbitration pursuant to Section 15 shall be resolved by a court located in Los Angeles, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 


JURISDICTION; EXPORT CONTROL 

JWS controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States. Anyone using or accessing the Sites from outside the United States does so on their own risk and is responsible for compliance with all applicable laws and regulations, including U.S. and international export control laws and regulations. 

Without limiting any other provision of these Terms, you may not use, export, or re-export the Sites, or any aspect thereof, except as authorized by United States law and the laws of the jurisdiction in which the Sites were accessed, downloaded, or obtained by you, and you further agree that the Sites may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You represent and warrant that you are not located in any such country or included on any such list. 


MODIFICATION/TERMINATION 

Changes to these Terms

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another prominent notice on the Sites, or by other reasonable means. Your use of the Sites following any changes to these Terms will constitute your acceptance of the Terms as modified. 

Termination of these Terms

These Terms will continue to apply to you until terminated by either you or JWS. We may terminate these Terms, or suspend your access to the Sites, at any time if we believe you have breached any of these Terms, if we stop providing the Sites or any material component thereof, or as we believe necessary to comply with applicable law. You may terminate these Terms at any time by ceasing use of the Sites and deleting your Account, if applicable. If you need any assistance deleting your Account, please contact us using the contact information in Section 20.

If you or we terminate these Terms, or if we suspend your access to the Sites, you agree that (a) your right to access and use the Sites ceases immediately; (b) we shall have no liability to you; and (c) unless we expressly agree otherwise in writing, we will not refund any amounts that you have already paid to us. Notwithstanding the preceding sentence, if you voluntarily terminate these Terms, and you are not barred from using the Sites by JWS or applicable law, you are permitted to resume use of the Sites at a later date. You agree that any such resumed use of the Sites constitutes your renewed acceptance of the then-current version of these Terms.

The following provisions shall survive the termination of these Terms: Section 3 (excluding the License), 4, 5, 11, 12, 13, 14, 15, 16, and 19, as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms. 

Modifications to the Sites

We reserve the right to change, restrict access to, suspend, or discontinue the Sites, or any portion of the Sites, at any time, with or without notice. You understand and agree that JWS will not be liable for any such termination, modification, suspension or discontinuance of the Sites. 


MISCELLANEOUS

Interpretation. 

In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation,” and the term “or” shall not be exclusive. Titles and headings to sections herein are included for convenience only and are not intended to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any more general disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by JWS, such decision or action shall be made, taken, or refrained from in our sole discretion and judgment.

No waiver


If JWS does not exercise or enforce any legal right or remedy which is contained in these Terms (or which JWS has the benefit of under any applicable law or regulation), such inaction shall not constitute a formal waiver of JWS’s rights, and all such rights or remedies shall still be available to JWS.


Severability

If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Entire Agreement

These Terms set forth the entire understanding and agreement between us with respect to your use of the Sites.

Assignment

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

No Relationship

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and JWS.


Notice to California Residents

Th following applies to you if you are a California resident: 

You may reach JWS at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

WITH RESPECT TO ANY LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITY INCLUDED IN THESE TERMS, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”


Admissibility

You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 


CONTACT US

If you have any questions, comments or concerns about these Terms or the Sites, please contact us at:

shop@justwsports.com