Terms and Conditions

JustBrand Limited Terms and Conditions of Web Site Usage

Thank you for visiting a website operated by JustBrand Limited. By use of this website, you are agreeing to comply with and be bound by the following terms and conditions of use. 

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to JustBrand Limited. This material includes, but is not limited to the content, design, layout, look, appearance and graphics. Reproduction is prohibited.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of our websites may give to a claim for damages and/or be a criminal offense.
  • Use of this website and any dispute arising out of such use are subject to the laws of the United States of America.

ORDER CANCELLATIONS/PRICE ERRORS:

  • JustBrand Limited reserves the right to cancel any order for any reason. In the event JustBrand Limited is mistakenly listing an item at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. 

WARRANTY:

  • NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products made or sold by JustBrand Limited. All descriptions given as to function are for reference only and are not a guarantee. We cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. JustBrand Limited shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. By purchasing or using any products, the purchaser agrees to all of these terms.

INDEMNIFICATION

  • You agree to defend, indemnify, and hold harmless JustBrand Limited and its affiliates, affiliated companies, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of any of our sites. JustBrand Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with JustBrand Limited in asserting any available defenses. 

INTERNATIONAL WEBSITE USE

  • JustBrand Limited makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. 

CHOICE OF FORUM

  • These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 

SEVER-ABILITY AND INTEGRATION

  • Unless otherwise specified herein, this agreement constitutes the entire agreement between you and JustBrand Limited with respect to this site and supersedes all prior or communications and proposals (whether oral, written, or electronic) between you and JustBrand Limited with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Mobile Terms & Conditions

 

The Warming Store offers its customers mobile alerts regarding sales, new product releases, events, promotions, and cart reminders by SMS message (the “Service”) on 79234. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

 

Signing Up and Opting-In to the Service 

 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. The Warming Store reserves the right to stop offering the Service at any time with or without notice. 

 

By opting into the Service, you: 

 

A. Authorize The Warming Store to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt- in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your

opt-in). 

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase. 

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, customer service at 888-406-1984. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. 

 

Content You May Receive 

  

Once you affirm your choice to opt-in to the Service on 79234, your message frequency may vary. You may receive alerts about:

A. Sale promotions

B. Event information

C. Product launch announcements

D. Cart reminders

 

 

Charges and Carriers 

 

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

 

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. The Warming Store may add or remove any wireless carrier from the Service at any time without notice. The Warming Store and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

 

To Stop the Service 

 

To stop receiving text messages from The Warming Store, text the word STOP to 79234 any time or reply STOP to any of the text messages you have received from The Warming Store. After texting STOP to 79234, you will receive one additional message confirming that your request has been processed.

 

Questions 

 

You can text HELP for help at any time to 79234. This will provide you with a toll-free number for support. You can also contact us at JustBrand Limited 3791 Main Street Philadelphia, PA 19127. 

 

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

 

Arbitration and Class Action Waiver

 

Please read this carefully.  It affects your rights. Any dispute or claim relating in any way to your use of JustBrand Limited’s services will be resolved by binding arbitration, rather than court.

 

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and JustBrand Limited hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JUSTBRAND LIMITED ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. 

 

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND JUSTBRAND LIMITED AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and JustBrand Limited are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. 

JustBrand Limited, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

 

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.  If application of this Severability provision should materially and adversely affect the economic

substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.