Terms and Conditions

Effective Date: August 11, 2024

Thank you for choosing to browse and shop with Scrubs by Jeness. These Terms and Conditions (the "Agreement") specify the terms and conditions for Your access to and use of scrubsbyjeness.com (the "Site") and the associated programs, databases, and any other services, support, or documentation provided through the Site (collectively, the "Services").

By clicking "log in" and entering, or otherwise using, our Site or Services, You agree to and accept these terms and conditions. You also agree to and accept the Scrubs by Jeness Privacy Policy ("Privacy Policy"), which describes how we use the information you provide to Scrubs by Jeness. The Privacy Policy is incorporated by reference into this Agreement. Please read this Agreement and our Privacy Policy carefully, as You are agreeing to be bound by them.

THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR"), AND JENESS UNIFORM CENTERS, LLC. D/B/A SCRUBS BY JENESS ("SCRUBS BY JENESS") THAT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF OUR SITE AND SERVICES, ANY ACCOUNT YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE, REGISTER FOR A SCRUBS BY JENESS ACCOUNT, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE AND SERVICES, SIGN UP FOR AN ACCOUNT, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE SITE.

Arbitration Notice

UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE DISPUTE RESOLUTION SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SUCH SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Site Use

1.1. License. Subject to the terms and conditions of this Agreement, Scrubs by Jeness hereby grants to You (and You accept) a limited, non-exclusive, non-transferable license to access and make personal use of the Services, including shopping services and features, provided through the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site or Services for any of the restricted purposes set forth in Section 1.2. Scrubs by Jeness may terminate this license at any time for any reason at its sole discretion.

1.2. Certain Restrictions. The rights granted to You in this Agreement are subject to the following restrictions: (a) You shall not upload or provide information to Scrubs by Jeness through the Site that is false, incomplete, or inaccurate; (b) You shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its contents without the express written consent of Scrubs by Jeness; (c) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (d) You shall not access the Site or Services in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Scrubs by Jeness's express written consent; and (f) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site or Services without Scrubs by Jeness's express written consent. Any future release, update, or other addition to the functionality of the Site or Services shall be subject to the terms of this Agreement. All use of the Site shall be in accordance with the Acceptable Use Policy set forth in Section 6 below.

1.3. Modification. Scrubs by Jeness reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof, with or without notice. You agree that Scrubs by Jeness will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

1.4. Ownership. You acknowledge that any intellectual property rights in the Site and Services, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets ("Intellectual Property") are owned by Scrubs by Jeness and its licensors, and neither the limited license granted in Section 1.1, nor our provision of the Site or Services under this Agreement shall transfer to You or any third party any rights, title or interest in or to such Intellectual Property. Scrubs by Jeness reserves all rights not expressly granted in this Agreement.

2. Accounts

2.1. Account Creation. In order to use certain features of the Site (e.g. purchasing products and services) referred to collectively as "Products" herein from the Site, You may register for an account with Scrubs by Jeness ("Scrubs by Jeness Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) Your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. Scrubs by Jeness may suspend or terminate your Scrubs by Jeness Account in accordance with Section 8.

2.2. Account Responsibilities. You are responsible for maintaining the confidentiality of Your Scrubs by Jeness Account login information. You are fully responsible for all activities associated with Your Scrubs by Jeness Account (including but not limited to any purchase, use of the Site, or correspondence from Your account to Scrubs by Jeness). You agree to immediately notify Scrubs by Jeness of any unauthorized use or suspected unauthorized use of your Scrubs by Jeness Account or any other breach of security. When You provide Scrubs by Jeness with such notice, Scrubs by Jeness will take reasonable steps to suspend or otherwise secure your Scrubs by Jeness Account to prevent future unauthorized activity.

3. Terms of Sale

3.1. Products and Pricing. All products or services listed on the Site are subject to change, as is Product information, pricing, and availability. Scrubs by Jeness reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that Scrubs by Jeness will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or product. In the event a Product is listed at an incorrect price or with incorrect information, Scrubs by Jeness shall have the right, prior to the acceptance of your order (as described in Section 3.3 below), to decline or cancel any such order, whether or not the order has been confirmed and/or your credit or debit card charged. If Your credit or debit card has already been charged for the order and we will cancel your order, we will issue a credit to Your credit or debit card in the amount of the charge.

3.2. Payment Terms. For each product You order on the Site, You agree to pay the price applicable for the Product at the time You submitted Your order ("Product Price"), the shipping fees for the shipping service you select ("Shipping Fees"), and any applicable Taxes (defined below). Scrubs by Jeness will automatically bill Your credit or debit card submitted as part of the order process for such amounts, and You hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Scrubs by Jeness's business activity in a state, such as income taxes), fees, duties, and other governmental charges, and related penalties and interest, arising from the Product purchase ("Taxes") not withheld by Scrubs by Jeness.

3.3.Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Scrubs by Jeness reserves the right at any time after receipt of Your order to accept, decline, or cancel Your order (in whole or in part) for any reason. We may require additional verifications or information before accepting an order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, You agree that if we cancel all or part of Your order, Your sole and exclusive remedy is that we (a) issue a credit to your credit or debit card in the amount charged for the cancelled portion (if Your credit or debit card has already been charged for the order); or (b) not charge Your credit or debit card for the cancelled portion of the order.

3.4. Shipping & Handling Terms. Any delivery dates provided by Scrubs by Jeness are estimates. Scrubs by Jeness reserves the right to make deliveries in installments. Scrubs by Jeness will send You an email when your order has shipped and You may review Your order and shipping & handling information on your Scrubs by Jeness Account page.

3.4.1. U.S. & U.S. Territory Shipments. Best Way Ground orders usually ship out within 24 hours (in stock, non embroidery items) excluding weekends and holidays. Although delivery times may vary, you should receive your order within 3 - 5 business days. Delivery time excludes weekends & holidays. Free ground shipping on any order with the purchase of a Dansko or Alegria shoe. Shopping cart must contain one of these items to qualify for free shipping on the entire order. Does not apply to express shipping. For a limited time only.

2-3 Business Day Express and Next Business Day orders placed by 4 PM EST Monday through Friday will ship out the same day, excluding holidays. Orders placed after 4 PM EST will ship out on the next business day, excluding weekends & holidays. Delivery time excludes weekends & holidays. Items that are on backorder or embroidered are not guaranteed for express delivery. Express & Overnight delivery is not available for: Guam, Saipan or the Virgin Islands. All orders sent to a P.O. Box or APO/FPO Address will be delivered priority mail via the United States Postal Service, and cannot be guaranteed for express delivery.

Backorder Items: If you have selected an item with a backorder date, it will be shipped separately best way ground as soon as it arrives in our facility.

Embroidery Items: Please allow approximately 3 to 4 additional days for embroidery orders.

P.O. Box or APO/FPO: All orders sent to a P.O. Box or APO/FPO Address will be delivered priority mail via the United States Postal Service, and cannot be guaranteed for express delivery.

3.4.2. International Shipments. If You order a product from, or ship a product to, a jurisdiction outside of the United States, Your order will be fulfilled by our third party international fulfillment vendor, Global-E. Your use of Global-E's services is governed by Global-E's terms and conditions and Global-E's privacy policy, not this Agreement. Please refer to the Global-E terms and conditions for information applicable to their fulfillment of Your international orders.

4. Policy on Reselling

You acknowledge and agree that all purchases made from Scrubs by Jeness, including from this Site, are for Your individual use or use within Your organization only. No products purchased from Scrubs by Jeness may be marketed or sold as retail products. If Scrubs by Jeness discovers that You are marketing (including, but not limited to, displaying our trademarks, copying our trade dress, or mentioning our name) and reselling its products to third parties, whether in person or over the Internet, Scrubs by Jeness reserves the right to discontinue providing Services to You and to cancel any future orders placed by You. Further, in addition to the prohibition of reselling products purchased from Scrubs by Jeness, You are prohibited from using, displaying or copying any of Scrubs by Jeness's Intellectual Property (as defined below), images, pictures, product descriptions and any other product identifying materials or information for the purpose of reselling the products purchased from Scrubs by Jeness. Scrubs by Jeness further reserves all rights to take any further legal action against you as may be available under this Agreement, in law, or in equity.

Notwithstanding the foregoing, You may be provided under a separate written acknowledgement with a license to sell Scrubs by Jeness products to third parties. In such instances, You will receive express written permission to conduct such activities. In this case, You shall take all reasonable steps to protect Scrubs by Jeness's Intellectual Property rights (as described below) in marketing the products, and You will not at any time during or after such agreement, assert any claim or interest in or to anything which may adversely affect the validity or enforceability of any Intellectual Property belonging to Scrubs by Jeness. You will not seek to register, seek or cause to be registered, in any jurisdiction, any of the Intellectual Property or copyrights of Scrubs by Jeness without Scrubs by Jeness's prior written consent. You shall further obtain Scrubs by Jeness's prior written consent for all marketing and promotional material created using Scrubs by Jeness Intellectual Property.

5. Intellectual Property Rights

Scrubs by Jeness respects the intellectual property of others and asks that users of our Site and Services do the same. Except as authorized in Section 1.1 of this Agreement, You are not permitted to access or use any of Scrubs by Jeness's Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the Site. You acknowledge and agree that Scrubs by Jeness is the owner of all rights, title and interest, including the Intellectual Property Rights (as defined below), to the Services and the Site. You hereby warrant that no information submitted to Scrubs by Jeness by You, including any customizations requested on products, shall violate any Intellectual Property Right of any third party. For the purpose of this Agreement, "Intellectual Property Rights" shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated, including, but not limited to logos, "rental" rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).

SCRUBS BY JENESS®, JENESS UNIFORMS® and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site or used by Scrubs by Jeness , in addition to other marks not listed herein, are registered service marks of Jeness Uniform Centers, LLC. You may not use any of Scrubs by Jeness's trademarks for any purpose without the express written permission of Scrubs by Jeness. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site may be owned by a third party. The use on the Site of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Site or services provided by Scrubs by Jeness by any such third party, or the participation by such third parties in the offering of goods or services through the Site.

Unless otherwise specified, the content of this Site is protected under the U.S. Copyright Act, as amended, and the copyright laws of other countries. Copyright © 2024, Scrubs by Jeness. All Rights Reserved. You are only permitted to use the content as expressly authorized by Scrubs by Jeness. Except for a single copy made for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from Scrubs by Jeness, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.

If You or any user of this Site believes its copyright, trademark or other property rights have been infringed by any content posted on this Site, You or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed;

• Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

• Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be written to us at the address provided below with Attention to: DMCA Agent, Scrubs by Jeness, 200 Bendix Road, Suite 300 Virginia Beach, VA, 23452. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.

You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the products, Services or its System (or the Services or Site generally), whether physically, in compiled machine language, or in the Source Code; (b) use the Services to provide a service bureau by which the Services can be accessed by third parties or by which information produced pursuant to the Services is sold or given to third parties; or (c) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of Scrubs by Jeness (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of Scrubs by Jeness shall be voidable at Scrubs by Jeness's sole and absolute discretion). Failure to comply with these restrictions will result in automatic termination of any rights provided to you under this Agreement. You agree to indemnify and hold us harmless for all liability, fees, and costs resulting from any third party's claim that information You submitted to us or customizations requested on products violate their Intellectual Property Rights.

6. Acceptable Use Policy

6.1. You agree not to use the Site to collect, upload, transmit, or distribute any information that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is, or links to material, information, or content that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, indecent, patently offensive (e.g. material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable or inappropriate material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

6.2. In addition, You agree not to commercially exploit the Site (which includes engaging or attempting to engage in any commercial activities, including selling, marketing, advertising or promoting goods or services) or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Site; (g) download (other than page caching) or modify the Site or any portion of the Site; or (h) impersonate or falsely claim to represent a person or organization.

6.3. We reserve the right (but have no obligation under this Agreement) to review any information You submit to us, investigate, and/or take appropriate action against You, in our sole discretion, if You violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying Your information, terminating Your Scrubs by Jeness Account in accordance with Section 8 and/or reporting You to law enforcement authorities. We may also remove or modify Your information if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate government requests, subpoenas or court orders, or to protect our business and users, we may access and disclose any information we consider necessary or appropriate, including Your Scrubs by Jeness Account username and password, IP address and traffic information, usage history, and information You have submitted to us.

6.4. You may not download, use, or otherwise export or re-export the Services or any equipment associated therewith except in full compliance with this Agreement and all applicable laws and regulations. No Services on this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

7. Privacy

Any information submitted by You (whether information related to You or another individual which You have the necessary consent to provide) to Scrubs by Jeness is subject to and will be handled in accordance with our Privacy Policy. The Scrubs by Jeness Privacy Policy ("Privacy Policy") forms part of this Agreement and can be found here: http://www.scrubsbyjeness.com/privacy-policy/. By using the Site and Services, You agree to the terms and conditions of the Privacy Policy. You must not submit any information of another individual unless You first make them aware of our Privacy Policy and have their consent to submit such information through our Site.

8. Term and Termination

This Agreement shall continue for so long as You use the Site or Services. We may (a) suspend Your rights to use the Site or Services (as well as your Scrubs by Jeness Account); or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement or if we believe You are under the age of 18. Any provision of this Agreement which imposes an obligation upon You after termination or expiration of this Agreement shall survive the termination or expiration of your rights under this Agreement.

9. General

9.1. Changes to Terms and Conditions. This Agreement may be modified at any time by Scrubs by Jeness upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at https://scrubsbyjeness.com/terms-of-service/. Continued use of our Site or Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by any revision of these terms and conditions.

9.2. Governing Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia, without reference to principles of conflict of laws, and any action brought by the parties to enforce or interpret any provisions of this Agreement shall be brought exclusively in an appropriate state court in Norfolk, Virginia, or federal court in Eastern District of Virginia. The parties hereby consent to such jurisdiction and waive any objection to such venue. Scrubs by Jeness and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

9.3. Entire Agreement. This Agreement constitutes the entire agreement between You and us regarding the use of the Site and Services and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be read down to the minimum extent necessary to achieve its validity and enforceability, if applicable, and severed from this Agreement in any other case, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction. This Agreement, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Scrubs by Jeness's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

10. Operation and Internet Connection

You are solely responsible for acquiring and maintaining all computer hardware and software and other equipment, and all communications and other services needed for access to and use of the Services. Scrubs by Jeness reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including, but not limited to, the content and functionality of the Services. You are solely responsible for providing, maintaining, and troubleshooting any internet connection required to use the Services. Further, You agree that Scrubs by Jeness is not responsible in any way for Your inability to use the Services due to problems attributable to such connection.

11. Third Party Content and Sites

11.1. Third Party Sites. In accessing the Services, You may be taken to a third party site. If at any point, you leave the Site to a separate third party site, You acknowledge and agree that Scrubs by Jeness has no control over any such third party sites. Scrubs by Jeness is not responsible for the availability of any such third party sites. Scrubs by Jeness does not endorse and is not responsible for any content, advertising, products, or other materials on or available from third party sites. Scrubs by Jeness will not be responsible or be liable, directly or indirectly, for any damage or loss whatsoever caused or alleged to be caused by or in connection with Your use of any third party sites. When You link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

11.2. Release. You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of Third Party Sites.

12. Warranties

NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SERVICES ARE FURNISHED "AS IS" AND WITH ALL FAULTS. SCRUBS BY JENESS MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. SCRUBS BY JENESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ADEQUATE SUPPORT FOR THE SERVICES WILL BE PROVIDED. SCRUBS BY JENESS DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER PROGRAM LIMITATIONS. NOR DOES SCRUBS BY JENESS WARRANT THAT THE SITE, OR SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU.

YOU SPECIFICALLY AGREE THAT SCRUBS BY JENESS SHALL NOT BE RESPONSIBLE FOR THE CONTENT UPLOADED TO THE SITE BY YOU, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SERVICES, ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT SCRUBS BY JENESS IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

13. Limitation of Liability

You acknowledge that Scrubs by Jeness shall not be liable to You for any direct, indirect, incidental, special, consequential, or exemplary damages (including damages for lost profits, use of user information, loss of data, business interruption and the like), whether in an action based in contract or tort, arising out of or in connection with the use of the Services and its accompanying equipment by You or by anyone who uses the Services through Your account. Notwithstanding the foregoing, the total amount of our liability to You will be limited to the amount You paid for the use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. Additionally, this provision is not intended to limit Scrubs by Jeness's liability in the event of Scrubs by Jeness's willful or intentional misconduct.

14. Indemnification

You agree to indemnify and hold harmless Scrubs by Jeness and its respective affiliates, subsidiaries, parents, joint ventures, successors, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including costs and reasonable attorneys' fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Services by You. As used in this Agreement "affiliate" means any entity which controls, is controlled by, or is under common control with the named entity. Scrubs by Jeness reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Scrubs by Jeness. Scrubs by Jeness will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

15. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Agreement to Arbitrate

You and Scrubs by Jeness agree that any dispute, claim, or controversy arising out of or relating to this Agreement, or the use of the Site ("Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a "Small Claims Action") and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Norfolk, VA and Scrubs by Jeness and you waive any objection to jurisdiction and venue in such courts and consent to their jurisdiction. You agree you may bring arbitration claims only on your own behalf and not on behalf of any other person or entity.

Unless you timely provide us with an Arbitration Opt-out Notice (as defined below in the subsection titled "Your Choices"), you acknowledge and agree that you and Scrubs by Jeness are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Scrubs by Jeness otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.

This clause does not limit either party's ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data, or to enforce this dispute resolution clause. In any such action, the court rather than an arbitrator, must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Arbitration Rules

Any controversy or claim arising out of your use of the Site, this Agreement, and/or our Privacy Policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services ("JAMS"), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with this Agreement if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

In resolving a claim for arbitration, the arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. Without in any way limiting the foregoing, you and Scrubs by Jeness agree that any individual arbitration commenced by you or by Scrubs by Jeness may be consolidated with any other individual arbitration(s) pending before JAMS in accordance with JAMS Comprehensive Rule 6(e), provided that either party makes such request.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Changes

By rejecting any changes to this Agreement, you agree that you will arbitrate any Dispute between you and Scrubs by Jeness in accordance with the provisions of this Section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

Your Choices

If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice telling us that you do not want to use arbitration, within thirty (30) days of the date on which you agreed to this Agreement (such notice, an "Arbitration Opt-out Notice"). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as stated above.

16. Notice

Any notice required by this Agreement or given in connection with it shall be in writing and shall be effective (a) one (1) business day after it is sent to the appropriate party by personal delivery, by email or by recognized overnight courier service or (b) seven (7) business days after being sent via first class certified mail postage prepaid, return receipt requested to Your address as provided by You and to Scrubs by Jeness, 200 Bendix Road , Suite 300 Virginia Beach, VA 23452, or to such other address as a party may provide by written notice to the other party from time to time.

17. Mobile Terms & Conditions 

 

Mobile Terms of Service

The Scrubs by Jeness mobile message service (the "Service") is operated by Scrubs by Jeness (“Scrubs by Jeness”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

By consenting to Scrubs by Jeness’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Scrubs by Jeness through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Scrubs by Jeness. Your participation in this program is completely voluntary.

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

You may opt-out of the Service at any time. Text the single keyword command STOP to +18333596704 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Scrubs by Jeness mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

 

For Service support or assistance, text HELP to +18333596704 or email scrubby@scrubsbyjeness.com.

 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

18. Giveaways and Sweepstakes

Scrubs by Jeness may from time to time and in its sole discretion make available special offers and promotions to its users. All Scrubs by Jeness Giveaways and/or Sweepstakes will be described through electronic, print or promotion and governed by these General Rules unless the Giveaway and/or Sweepstake has Specific Giveaways or Sweepstakes Rules developed for it. Entry into the sweepstakes will be deemed as acceptance of these terms and conditions.

• To enter a giveaway or sweepstakes, follow the instructions on the giveaway/sweepstakes posting, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Scrubs by Jeness. The giveaway/sweepstakes will end on the date and time specified on the posting.

• Giveaways and sweepstakes are open to legal residents of the 50 United States who are at least 18 years of age or older at time of entry.

• No purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning. The odds of winning any prize will depend upon the number of Contest Participants.

• No cash or other prize substitution shall be permitted except at Scrubs by Jeness's discretion. The prize is non-transferable. Any, and all, prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. Returns and exchanges will not be accepted for giveaway prizes.

• Acceptance of prize constitutes permission for Scrubs by Jeness to use Winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

• Scrubs by Jeness reserves the right to terminate, modify or suspend a giveaway or sweepstakes without notice and for any reason.

• Unless otherwise stated, winners shall have seven (7) days from the date of selection to claim the prize. Winner may be contacted by email or direct message in social media platforms. Winner will be announced on the giveaway or sweepstakes posting or on social media platforms. Failure to claim or pick up prize within this time for any reason will result in forfeiture of the prize. Scrubs by Jeness reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.

19. Surveys

From time to time, we may offer customer research opportunities through surveys. We may collect your information within the survey. By participating in a survey, You automatically grant, and You represent and warrant that You have the right to grant, to Scrubs by Jeness an irrevocable, perpetual, nonexclusive, transferable, royalty-free and fully paid, worldwide license (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, exploit, publish, re-distribute, publicly display and perform, broadcast, transmit, create derivative works of, incorporate into other works, and otherwise use any and all pictures, videos, or content provided by You to be used in and/or for promotional marketing materials and channels without compensation or notice to You. Marketing channels include, but are not limited to, websites, blogs, print and digital communications, advertisements, catalogs, emails and social media networking sites: Facebook, Instagram, Twitter, YouTube and Pinterest. This authorization extends to all languages, media, formats and markets now known or hereafter devised.