Terms of Sale


Last Updated: Sept 21, 2018 

1. Introduction  

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF AT LEAST 18 YEARS OF AGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

PLEASE REVIEW SECTION 10 DISPUTES SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH JODS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. 

2. Acceptance of Terms and Waiver of Rights

These Terms of Sale (these "Terms") apply to the purchase and sale of products and services through www.jodsonline.com (the "Website").  

Terms such as “Jods,” “us,” “we,” or “our” refer to Jods, LLC. “You,” “your” and similar terms means you, the individual accessing our website, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.  

These Terms are subject to change by Jods without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website and you should review these Terms before purchasing any product or service that is available through this Website. Your continued use of this Website after a posted change in these Terms indicates your acceptance of and agreement to such changes.

3. Terms of Use and Privacy Policy

These Terms are part of our Terms of Service. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

4. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by Jods or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Jods and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your shipping confirmation e-mail by contacting us at jodsonline@gmail.com.

5. Prices and Payment Terms

All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover and American Express credit card payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 

6. Shipments, Delivery, Title, and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon our transfer of the products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

7. Returns and Refunds  

Products purchased through the Website may be refunded or exchanged within 30 days of receiving your product by emailing us at jodsonline@gmail.com. Products eligible for returns or exchanges must be unworn, unused, and undamaged with original tags still attached.

Products should always be mailed back to Jods, not the manufacturer. You are responsible for return shipping costs. For exchanges, we will pay for the shipping to send you the exchanged product.

8. Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

All products sold on the Website are third-party products that are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. JODS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

9. Limitation of Liability 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

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.

 10. Disputes

Any dispute or claim relating in any way to your use of the Website or your use of the Products and Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms of Service or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Service as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.  

To begin an arbitration proceeding, you must provide Jods with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.

11. Governing Law and Jurisdiction

By using the Website or our Products and Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Jods.

12. Limitation on Time to Initiate a Dispute  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Waiver and Severability 

No waiver of by Jods of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jods to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.

If any provision of these Terms of Sale or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

14.  Change of Terms

Jods may change these terms and conditions at any time, without prior notice. If you access or use the Website after we post a change, you accept that change. If you do not accept the change, please do not access or use the Website. You should check these Terms of Sale periodically to ensure that you are aware of any changes.


Terms of Service


Last Updated: Sept. 21, 2018 

Please take a few minutes to review these Terms of Service (as defined below) carefully. your use of www.jodsonline.com (the “Website”) indicates your agreement to follow and be bound by the Terms of Service. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE.  

1. Legal Agreement  

Your use of this Website is governed by the terms and conditions discussed below including any documents or policies they expressly incorporate by reference (collectively, these “Terms of Service ”) governing access to and use of Jods’ Products and Services, including any retail or other activities provided­­­­ through the Website, mobile applications, horse show stores, newsletters and other Products and Services (collectively “Products and Services”) offered on or through the Website whether as a visitor, customer, guest, or a registered user. 

Terms such as “Jods,” “us,” “we,” “our,” or “it” refer to Jods, LLC. “You,” “your” and similar terms means you, the individual accessing our website, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.

THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

PLEASE REVIEW SECTION 23 DISPUTES SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH JODS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. Privacy

You consent and agree that we may use all collected information as described in our Privacy Policy, including future changes to the Privacy Policy, and applicable law. You can review the current version of the Privacy Policy at any time at [link].

3. Revisions to the Terms of Service  

We reserve the right to revise and update these Terms of Service at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms of Service.

If you do not accept and agree to any revised portions of this Terms of Service, you may reject the Terms of Service by immediately discontinuing use of the Website and the Products and Services. In the event you reject the Terms of Service and continue to access or use the Website or Products and Services, such continued access or use is unauthorized.

4. Website Modification, Suspension, or Cancellation

Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website or Products and Services, including process of our products, with or without notice to you. You agree that Jods shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Products and Services. In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of the Website and of the Website’s users as a whole.

5. Our Products and Services

Certain Products and Services may be available exclusively online through our Website. These Products and Services may have limited quantities and are subject to return only according to our Terms of Sale. Jods reserves the right, but is not obligated, to limit the sales of our Products and Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products and Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Website is void where prohibited. We make every effort to display as accurately as possible the colors and images of our products that appear on the Website; however, we cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, Products and Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products and Services will be corrected.  Prices for our products are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Products and Services, the products, or any part or content of the Products and Services, without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of a product or the Products and Services. Any product or Service purchased by you is also subject to any additional terms or conditions that may be provided with the purchased item.

6. Ordering

The prices displayed on this website are quoted in United States currency and are valid only in the United States. Prices are subject to change at any time. Relevant sales taxes, if any, shall be applied at checkout.

If an error is discovered in the price of the goods that you have ordered, we will inform you. We shall be under no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on www.jodsonline.com is incorrect for any reason, we may inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it at the corrected price.

A confirmation e-mail will be sent to the e-mail address you provided when you submitted your order and will detail products ordered, payment method, cost (including sales tax, shipping and handling) and usual delivery times. You must check that all the details on this confirmation e-mail are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive an explanatory e-mail from us detailing the reasons why.

7. Accuracy of Billing and Account Information

Jods reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, dealers, resellers, or distributors appear to place. you agree to provide current, complete, and accurate purchase and account information for all purchases you make from us. You agree to update your account and other information, including your e-mail address and credit card numbers and expiration dates, promptly so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.

8. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You may not, nor may you permit, any third party directly or indirectly to:

1.     Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;

2.     Export the Products and Services of the Website, which may be subject to export restrictions imposed by US law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII); 

3.     Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;  

4.     Transmit, procure, or send any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;  

5.     Impersonate or attempt to impersonate Jods, a Jods employee, another user, or any other person or entity (including, without limitation, by using any e-mail addresses associated with any of the forgoing);  

6.     Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Jods or users of the Website or expose them to liability;

7.     Perform or attempt to perform any actions that would interfere with the proper working of the Products and Services, prevent access to or use of the Products and Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; 

8.     Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

9.     Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

10.  Copy, monitor, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way the material, information or Products and Services on the Website for any purpose without our prior written consent;

11.   Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

12.  Attack the Website via a denial-of-service attack or distributed denial-of-service attack;

13.  Transfer any rights granted to you under these Terms of Service;

14.  Otherwise use the Products and Services except as expressly allowed under these Terms of Service and applicable Policies.

If we reasonably suspect that your use of the Website has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with law enforcement and to terminate or suspend your access to all or part of the Website.  

9. Intellectual Property Rights  

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Jods, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:

1.     Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.

2.     You may store files that are automatically cached by your Web browser for display enhancement purposes.

3.     You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

4.     If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.

5.     If we provide social media features with certain content, you may take such actions as are enabled by such features.

 You must not:

1.     Modify copies of any materials from this site.

2.     Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

3.     Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any Products and Services or materials available through the Website. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: jodsonline@gmail.com. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Jods. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

10. Trademarks

The Jods name and all related names, logos, product and service names, designs, and slogans are trademarks of Jods or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

11. Your Responsibilities If You Break The Terms of Service

You agree that if you violate any of the Terms of Service, or any liabilities are incurred arising out of your use of this Website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

12. Reliance on Information Posted  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

13. Age Restrictions

You must be at least 18 years old to use the Website. If you are under 18 years old, you must have permission from a parent or legal guardian to use the Website. We have no intention of collecting personal information from individuals under the age of 18.

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Products and Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, e-mail address, or any screen name or user name you may use.

If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act. If you believe we might have any information from or about a child under 13, please contact us at jodsonline@gmail.com, and we will take reasonable steps to ensure that such information is deleted from our records.

14. Communications

You consent to accept and receive communications from us, including e-mail, text messages and calls to the telephone number you provide to us as described in our Privacy Policy. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

15. Online Purchases and Third-Party Products

All purchases through our site or other transactions for the sale of goods or Products and Services formed through the Website or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Service .

All third-party products included or sold with the Products and Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. JODS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

16. Shipping Limitations

When you place an order, Jods will ship it to the address designated by you as long as that shipping address complies with the shipping restrictions contained on the Website.

As a result, it may be necessary for you to file claims with carriers for damaged or lost shipments as discussed in our Shipping Policy.

17. Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to: 

1.     Link from your own or certain third-party websites to certain content on this Website.

2.     Send e-mails or other communications with certain content, or links to certain content, on this Website.

3.     Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: 

1.     Establish a link from any website that is not owned by you.

2.     Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

3.     Link to any part of the Website other than the homepage.

4.     Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms of Service.

You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

18. Links from the Website

If the Website contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

19. Geographic Restrictions

The owner of the Website is based in the Commonwealth of Virginia in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS AND SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS AND SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS AND SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JODS NOR ANY PERSON ASSOCIATED WITH JODS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER JODS NOR ANYONE ASSOCIATED WITH JODS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, JODS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL JODS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR

ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification

You agree to defend, indemnify, and hold harmless Jods, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any use of the Website's content and Products and Services other than as expressly authorized in these Terms of Service  or your use of any information obtained from the Website. 

23. Disputes

Any dispute or claim relating in any way to your use of the Website or your use of the Products and Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms of Service or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Service as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.  

To begin an arbitration proceeding, you must provide Jods with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial.

 24. Governing Law and Jurisdiction

By using the Website or our Products and Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Jods.

25. Limitation on Time to Initiate a Dispute

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Waiver and Severability

No waiver by Jods of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jods to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect. 

27. Assignment  

The Terms of Service, and any rights you may have under them, may not be assigned or transferred. Jods may freely assign the Terms of Service.  

28. Headings 

All headings used in the Terms of Service are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms of Service. Words of any gender used in the Terms of Service shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires. 

29. Entire Agreement

The Privacy Policy, Shipping Policy, and Terms of Sale are incorporated into this Terms of Service and therefore constitute the sole and entire agreement between you and Jods regarding the Website. This supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.