IMPORTANT — PLEASE READ CAREFULLY
THIS IS A CONTRACT WHICH AFFECTS YOUR LEGAL RIGHTS

Terms & Conditions

Effective Date: August 25, 2022

Welcome to unusualjoy.com. By utilizing the latest technology to ensure secure, hassle-free shopping, unusualjoy.com (“Website”) can provide a broad range of high-quality merchandise to help you easily express your individuality and creativity.

We at Unusual Joy, LLC (“Unusual Joy,” “us,” or “we”) provide our Website and all of our products, services, and communications to you (“you”) subject to these terms and conditions (the “Terms”). The Terms apply to and are binding on you and Unusual Joy and any other person or organization on whose behalf you or Unusual Joy may be acting, as well as anyone action on your or Unusual Joy’ behalf.

THIS CONTRACT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AS WELL AS CLASS ACTION AND JURY TRIAL WAIVERS. YOU CAN READ THE DISPUTE RESOLUTION REQUIREMENTS OF THIS CONTRACT BY CLICKINGHERE.

By accessing and browsing the Website, using any of the services Unusual Joy offers, including signing up for contests, sweepstakes, promotional mailings, texts, and emails, purchasing products from Unusual Good, communicating with Unusual Joy, or registering with our Website, you agree to be bound fully by the Terms as are published at such time.

Internet technology and applicable laws, rules, and regulations change frequently. Accordingly, Unusual Joy reserves the right to make changes to the Terms at any time. Changes to the Terms will not be applied retroactively. If you do not agree to the Terms or any changes to them, do not access or browse the Website, use Unusual Joy’s services, sign up for promotions, register with the Website, or purchase from Unusual Joy.

We recommend that You print out a copy of these Terms for your records, which can be downloadedhere. Upon request, we each agree to sign and provide each other with a signed copy of these Terms.

Product Transactions on the Website. Products may only be purchased by individuals who can form legally binding contracts under applicable law. The Website is neither designed nor intended for children under 16 years of age. Minors under 16 and at least 13 years of age may only access the Website only if they have appropriate permission and direct supervision by a responsible adult. Children under age 13 are not permitted to use the Website. You are responsible for all account activity conducted by a minor on your account.

Prohibited Conduct. In your use of the Website, You may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Unusual Joy, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam’, chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Unusual Joy’ name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.

If You become aware of any conduct that violates these TAC, Unusual Joy encourages You to contact customer service at[email protected]. Unusual Joy reserves the right, but will have no obligation, to respond to such communications.

Privacy Policy. You agree to Unusual Joy’ Privacy Policy, including to all of the information collection, use, and disclosure practices it describes. The Privacy Policy can be found athttps://www.unusualjoy.com/all/privacy. The Privacy Policy is incorporated by reference into these Terms and is subject to these Terms.

Mobile Messaging Terms & Conditions. By subscribing to Unusual Joy mobile messages, You agree that your subscription is subject to these Terms and any additional terms and conditions presented to you when you indicate your agreement to receive such messages. You also agree to receive recurring autodialed marketing messages and browse and/or cart abandonment messages to the telephone number used at the time You subscribed. Message frequency may vary. Message and data rates may apply. Consent to receive mobile messages is not required as a condition of purchasing any goods or services. The mobile carriers are not liable for delayed or undelivered messages.

Unusual Joy Text advertising keyword to [56320] to receive promotional alerts from Unusual Joy. Text STOP to [56320] to opt out. Text HELP to [56320], or call: (888) 365-0056, email:[email protected] for assistance.

Returns. Our returns policy is set forth athttps://secure.unusualjoy.com/policies/refund-policy.

INTELLECTUAL PROPERTY RIGHTS

Copyright. The graphic and textual content, arrangement, and assembly of this site is the property of unusualjoy.com or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of Unusual Joy or its software suppliers and is protected under U.S. and international copyright laws.

Trademarks. "Unusual Joy," “UnusualJoy,” “UnusualGifts,” “Unusual Gifts,” “Unusual,” “Bad Dog,” “Bad Dog Original Brand,” “Major Scale Musical Wine Glasses,” “Intersection of Love,” “Shattered Glass Ceiling,” and “The Unusual Green” are registered trademarks of Unusual Joy and unusualjoy.com graphics, logos, product names, and service names are trademarks of Unusual Joy. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes Unusual Joy, its trademarks or goodwill. Any other trademarks not owned by Unusual Joy, LLC that appear on this site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.

Ownership and Use. Unusual Joy will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of these Terms or otherwise, except as set forth in these Terms. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.

DMCA Copyright Policy and Copyright Agent. Unusual Joy respects the intellectual property rights of others and expects its users to do the same. If You believe the Website or a user of the Website has infringed your intellectual property, please notify our Intellectual Property Agent at [email protected] and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
2. A description of the copyrighted work claimed to have been infringed.
3. A detailed description of the material You claim is infringing, so that we may locate it, including the URL where the infringing material appears.
4. Your address, telephone number, and email address.
5. A statement by You that You have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
6. A statement, made under penalty of perjury, by You that the above information is accurate and that You are authorized to act on behalf of the owner of the intellectual property rights involved.

REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these Terms, (ii) the assent to and performance by it of its obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these Terms constitute legal, valid and binding obligations of the parties assenting to these Terms, enforceable in accordance with these terms and conditions.

By You. You represent and warrant to Unusual Joy that (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of Unusual Joy in your use of Website, and (ii) You will comply with all applicable laws, rules, and regulations in your use of the Website, including these Terms.

Indemnification. You agree to hold Unusual Joy and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by You or (ii) arising from, related to, or connected with the Website. If You are obligated to provide indemnification pursuant to this provision, Unusual Joy may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, You may not settle, compromise or in any other manner dispose of any Claim without the consent of Unusual Joy. In some states, including the State of New Jersey, there are limitations on the enforceability of indemnification agreements in connection with consumer purchases of goods or services. In those states, this provision shall be enforceable to the fullest extent permitted by law.

DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS

DISCLAIMER OF WARRANTIES. UNUSUAL JOY PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. UNUSUAL JOY DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. UNUSUAL JOY DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.

NO IMPLIED WARRANTIES. UNUSUAL JOY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

EXCLUSION OF DAMAGES. UNUSUAL JOY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. UNUSUAL JOY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF ITS WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF UNUSUAL JOY OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS, OR SERVICES OR PRODUCTS PROVIDED BY THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO UNUSUAL JOY FOR ANY PRODUCT(S).

LIMITS ON THESE PROVISIONS WHICH MAY APPLY TO YOU. IN SOME STATES, INCLUDING THE STATE OF NEW JERSEY, THERE ARE LIMITS ON THE ENFORCEABILITY OF DAMAGES, WARRANTY, OR LIABILITY LIMITATIONS IN CONNECTION WITH CONSUMER PURCHASES OF GOODS OR SERVICES. IN THOSE STATES, THESE PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTE RESOLUTION — AGREEMENT TO ARBITRATE

At Unusual Joy, we hold in the highest regard our relationships with our customers and potential customers. Should a dispute arise, we work hard to make things right with every consumer, including those who purchase products from us. Sometimes, a third party may be necessary to help You and Unusual Joy resolve our disputes, and these Terms limit both You and Unusual Joy to individual arbitration (or small claims court, if a claim qualifies) in all instances.

YOU AND UNUSUAL JOY AGREE THAT ALL DISPUTES BETWEEN YOU AND UNUSUAL JOY THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND UNUSUAL JOY ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

All Disputes Covered. This agreement covers all concerns, complaints, demands for relief, disputes, and claims of any kind in the broadest possible sense that may arise between you and Unusual Joy, including, but not limited to, statutory, regulatory, and common law claims (including, but not limited to, claims of negligence, personal injury, or fraud) (each a “Dispute,” and, collectively, the “Disputes”).

All Persons and Entities Covered. This agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Unusual Joy. This arbitration agreement is binding not only on you and Unusual Joy, but also your and Unusual Joy’ respective heirs, successors, and assigns.

Governing Law. All arbitrations between you and Unusual Joy under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA.

The Informal Settlement Process. Before you or Unusual Joy can file a claim in arbitration or small claims court, you and Unusual Joy are first required to participate in an informal settlement process for a period of sixty (60) days.

To initiate this process, the claiming party must send to the other party a short, written statement (a “Claim Statement”) providing the claimant’s name and address; explaining the Dispute in sufficient detail for the other party to understand and investigate it; and a presenting a proposal for resolving it (including any amount of money being claimed and how that amount was calculated). You agree to send Claim Statements by email to [email protected] or by certified mail, return receipt requested to Unusual Joy, Attn: Legal Department, 140 58th St., A9B, Brooklyn, NY 11220.

You and Unusual Joy must attempt in good faith to resolve each Dispute described in the Claim Statement for a period of sixty (60) days. If a Dispute has not been resolved within that time, you and Unusual Joy are free to file a claim in small claims court or in individual arbitration as described below.

Any statutes of limitations shall be suspended for the sixty (60) day period during which you and Unusual Joy must attempt to resolve Disputes informally.

Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At the conclusion of the sixty (60) day informal settlement period, Disputes presented in a Claim Statement, but not resolved, may be asserted on an individual basis in either (1) small claims court in: (a) the county or parish where you live, if such a court is available and has jurisdiction to hear the Dispute; or (b) another location you and Unusual Joy agree on, but only if the Disputes (and the relief sought) qualify to be brought in that court; or (2) binding individual arbitration as provided for below.

ARBITRATION RULES AND REQUIREMENTS

While there is no judge or jury in an arbitration, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court can award to an individual and must interpret and apply this agreement as a court would. To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and Unusual Joy agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief.

In the event you and Unusual Joy disagree on whether a Dispute must be arbitrated or lies within the scope of the arbitrator’s powers, the arbitrator shall have the sole authority, to the fullest extent permitted by law, to address all such disagreements, including, but not limited to, arguments concerning or related to the formation, legality, interpretation, and enforceability of this agreement, the scope of the arbitration agreement, the applicability of this agreement to you and Unusual Joy, and the arbitrability of any Dispute.

Any court of competent jurisdiction will have the authority to enforce these arbitration requirements (including those related to Mass Arbitration set forth below) and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees by the American Arbitration Association (“AAA”) or any other organization, arbitrator, or mediator in a manner inconsistent with this agreement.

General Arbitration Rules. The arbitration process and dispute resolution process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (which is defined below). In the case of a qualifying Mass Arbitration, if there is a conflict between these General Arbitration Rules and the rules described below pertaining to Mass Arbitration, the Mass Arbitration Rules will control.

All arbitrations shall be before a single arbitrator. Unless otherwise provided, all arbitrations involving consumer Disputes shall be governed by this agreement and the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here:https://www.adr.org/consumer. Unless otherwise provided, all other arbitrations shall be governed by this agreement and the then-current AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between this agreement and any applicable AAA rules and protocols, this agreement shall control except to the limited extent necessary to preserve the mutual obligation to arbitrate Disputes on an individual basis.

Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including affidavits. All other arbitrations will be conducted, at your election, either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and Unusual Joy agree otherwise. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.

Unless otherwise provided, for individual arbitrations, the AAA shall be the arbitration administrator. To begin an arbitration proceeding, the party initiating the arbitration must send a letter requesting arbitration and describing the Dispute(s) to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing such a request online through the AAA’s website:https://www.adr.org/Support. For requests for arbitration initiated against Unusual Joy, a copy of the arbitration request shall also be sent to Unusual Joy by email to[email protected] or by certified mail, return receipt requested to Unusual Joy, Attn: Legal Department, 140 58th St., A9B, Brooklyn, NY 11220.

If the AAA is, for any reason, unavailable, unable, or unwilling to administer any arbitration which it is required to administer under these rules, you and Unusual Joy shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration in a manner that is consistent with the requirements of our agreement. If such an alternative cannot be agreed upon, you or Unusual Joy may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with the requirements of this agreement.

Mass Arbitration Rules. If and only if twenty-five (25) or more consumers (each a “Mass Arbitration claimant”) or their lawyers file, threaten to file, or indicate an intention to file demands for arbitration against Unusual Joy raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules shall apply (the “Mass Arbitration Rules”). In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration Rules and any other provisions of the Terms, these Mass Arbitration Rules will control.

Each Mass Arbitration claimant must complete the informal settlement process before that Mass Arbitration claimant can proceed to arbitration. Counsel for claimants and Unusual Joy, however, shall agree to the submission of a single Claim Statement for all Mass Arbitration claimants, but only if that Claim Statement identifies all Mass Arbitration claimants by name and mailing address. Once the sixty (60) day informal settlement process has ended for all Mass Arbitration claimants, the Mass Arbitration claimants must then follow the “bellwether procedure” described below in which a group of ten (10) selected claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of Mass Arbitration claimants may be settled. Any statutes of limitations applicable to Disputes in a Mass Arbitration shall be stayed until the informal settlement process has been completed for all Mass Arbitration claimants.

Counsel for the Mass Arbitration claimants and Unusual Joy’ counsel shall each select five (5) claimants for bellwether arbitrations (ten (10) in total) to be each promptly decided individually as a bellwether arbitration conducted pursuant to the General Arbitration Rules, with each case assigned to a separate arbitrator. Unusual Joy reserves the right, at its sole discretion, to permit counsel for claimants to select all ten (10) bellwether cases. Each bellwether arbitration shall be completed within one-hundred-twenty (120) days from the date by which all ten (10) Mass Arbitration claimants have been selected for bellwether arbitrations. In the meantime, no other demands for arbitration may be filed, processed, or in any way deemed filed by the arbitration administrator or arbitrator, but instead shall be stayed until the ten bellwether arbitrations and the subsequent mediation process required by the Mass Arbitration Rules has ended. No fees or arbitrator compensation shall be assessed regarding such stayed cases while the bellwether arbitrations are arbitrated or before the mediation required by the Mass Arbitration Rules is concluded. For such stayed Disputes, all applicable statutes of limitation shall be stayed until the mediation process required by these Mass Arbitration Rules has ended.

Upon the resolution of the ten (10) bellwether cases, counsel for Unusual Joy and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days in a good faith effort to resolve all the Disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under the then-current Mediation Procedures of the AAA.https://www.adr.org/sites/default/files/Mediation%20Procedures%20of%20the%20American%20Arbitration%20Association%20Oct%2001%2C%202009.pdf. If, prior to or during the mediation required by these Mass Arbitration Rules, Unusual Joy presents a written settlement offer seeking to resolve the claims of some or all Mass Arbitration claimants, counsel for those claimants shall, to the extent allowed by law, present that written settlement offer to each Mass Arbitration claimant to which it is directed.

If the bellwether arbitrations and the subsequent mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, then, after the conclusion of the bellwether arbitrations and mediation, those Mass Arbitration claimants whose Disputes have not been resolved may each pursue those Disputes on an individual basis with FairClaims, Inc. (“FairClaims”) only (and not with AAA or any other arbitration or organization or arbitrator),https://www.fairclaims.com, to be arbitrated not under the General Arbitration Rules above (which shall be inapplicable), but under FairClaims’s then-current Small Claims Rules & Procedures,https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. You and Unusual Joy agree to split FairClaims’ fees equally, while reserving the right to ask the arbitrator to allocate the fees differently, which the arbitrator may do to the extent permitted by applicable law or if fairness so requires. Any arbitrations initiated by Mass Arbitration claimants and pending at the conclusion of mediation with arbitration organizations or arbitrators other than FairClaims shall promptly be dismissed without prejudice. To the extent that any cause of action or claim for relief cannot for any reason be addressed by FairClaims under its Small Claims Rules & Procedures, you and Unusual Joy agree that any court proceedings involving Mass Arbitration claimants and Unusual Joy concerning their Disputes shall be stayed pending the final resolution in arbitration with FairClaims of all arbitrable causes of action and claims for relief.

If the AAA is, for any reason unavailable, unwilling, or unable to handle the bellwether arbitrations and mediation called for by these Mass Arbitration Rules, Unusual Joy and counsel for claimants shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a manner that is cost effective to both parties and proceeds in accordance with the requirements of these Mass Arbitration Rules. If such an agreement cannot be reached for any reason, Unusual Joy or counsel for claimants may petition a court of competent jurisdiction to appoint an organization or individual to conduct the bellwether arbitrations and mediation consistent with the requirements of these Mass Arbitration Rules.

In the event that the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and Unusual Joy agree that all unresolved Disputes between Mass Arbitration claimants and Unusual Joy must be filed in and resolved by a court of competent jurisdiction only (including on a class action basis if the Dispute so qualifies), and shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration claimants remain pending upon the event of a Final Determination, they shall immediately be dismissed without prejudice.

A finding that these Mass Arbitration Rules are unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of these Terms, including, but not limited to, the General Arbitration Rules and all provisions of this agreement applicable to Disputes which do not involve Mass Arbitration claimants.

No Class Actions. Except as expressly provided for in the Mass Arbitration Rules in the event of a Final Determination, you and Unusual Joy agree that all Disputes must be resolved on an individual basis only. This means that in such circumstances: (a) neither you nor Unusual Joy can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the Disputes of that claimant, not other claimants. Nothing in this section is intended to limit the relief available to either you as an individual or Unusual Joy in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Nor does anything in this section limits your or Unusual Joy’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.

Fees and Costs. You and Unusual Joy will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such Disputes.

Rules of Construction. The requirements of the Terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all Disputes in arbitration in a way that is cost-effective to all parties.

Severability. If for any reason any provision of the Terms related to dispute resolution shall be held to be unenforceable, the remaining provisions of the Terms shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost effective to all parties. To the extent that any provision of the Terms is found to be inconsistent with rights, duties, and requirements of the arbitration agreement, or where the application of such a provision would change or render unenforceable any provision of the arbitration agreement, such provision shall be null, void, and of no effect for purposes of dispute resolution and the dispute resolution provisions shall control.

Survival. All provisions of the Terms relating to dispute resolution shall survive the termination, cancellation, or expiration of the Terms or of your customer relationship with Unusual Joy.

ADDITIONAL TERMS

Governing Law. Except with regard to our agreement to arbitrate, which is governed by the Federal Arbitration Act, the law which shall resolve all disputes between the parties shall be the laws of New York and the United States of America without reference to conflicts of laws principles.

Changes to the Website or Service. Unusual Joy may, in its sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and Website will not be liable for doing so.

Termination of Account or Access. Unusual Joy will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to the Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these Terms, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) You exceeding your credit card limit; (v) or any “chargeback” of a fee or other payment.

If You are a member, You may terminate your account for any reason at any time subject to these Terms by emailing[email protected] and requesting termination.

If your account is terminated, Unusual Joy may, in its sole discretion, delete any web sites, files, graphics or other content or materials relating to your use of Website in its possession.

Following termination of your account, You will not be permitted to use the Website.

Limitation of Actions. You acknowledge and agree that any claim or cause of action You may have against Unusual Joy products must be brought within one (1) calendar year after such claim or cause of action arises, or forever be barred, unless applicable law prohibits such a contractual limitation.

Integration. These Terms contain the entire understanding of You and Unusual Joy regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

Additional Terms. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by You without the prior written consent of Unusual Joy. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these Terms. You and Unusual Joy are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.

Copyright © 2023 Unusual Joy Unusual Joy, LLC ALL RIGHTS RESERVED.