Terms of Use

Welcome to www.jostaronline.com. Your use of this website constitutes your agreement to follow and be bound by these Terms of Use ("Terms"). We, ("St. Jostar, inc." OR "St. Jostar" interchangeably) reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you visit our website. 


Site Contents

Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials ("Content") are owned, controlled or licensed by St.Jostar. and its Affiliates. ("Affiliates" includes any other entity controlling, controlled by or under common control with St.Jostar, where "control" means the possession, directly or indirectly, of the power to direct the management and policies of an entity, whether through voting securities, contract or otherwise.) Content is provided solely for your personal, noncommercial use. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.


Comments, Suggestions and Submissions

Any comments, suggestions, ideas, submissions or other communications submitted or offered to us ("Your Comments") will be and remain the property of St.Jostar and its Affiliates. Submission of Your Comments, whether via email, or otherwise, will constitute an assignment to St.Jostar and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in Your Comments. We will be entitled to use, reproduce, disclose, publish and distribute Your Comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Your Comments will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Your Comments will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website. 
 

Product Display and Information 

We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee that your monitor's display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.


Site Transactions

We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.


Links to Other Websites

This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites which you use at your own risk.


Disclaimer

This website and Content are provided on an "as is" basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this website is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this website.


Indemnification

You agree to defend, indemnify, and hold St.Jostar and its Affiliates (including their officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, related to or arising out of your use of the website and/or your breach of the Terms.

Resolution of Disputes

If a dispute arises between you and St. Jostar, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and St. Jostar agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against St. Jostar must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

2. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

3. Improperly Filed Claims - All claims you bring against St. Jostar must be resolved in accordance with this Resolution of Disputes Section in our Terms of Use. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, St. Jostar may recover attorneys' fees and costs up to $5000, provided that St. Jostar has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.”


Miscellaneous

Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this website. 

 

Specials

Any free gifts that were offered as a part of the promotion cannot be returned for credit or exchanged. All special sales including buy one get one free and buy one get one 50% off items are final and cannot be returned for credit but can be exchanged for differnet size or color/print if substitute available.

 

Revised on December 31, 2014.