Terms and Conditions of Use for the GoldieBlox Subscription Box

IMPORTANT – please carefully read everything below before subscribing.

Introduction

Thank you for visiting https://goldieandjoann.cratejoy.com/

Please review the following Terms and Conditions of Use (the “Terms”) carefully before using https://goldieandjoann.cratejoy.com/ and before purchasing the monthly kits and other products (the “Product”). These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

Our websites are provided to you, the user, by Jo-Ann Stores, LLC, doing business as JOANN. Whenever we use the words “we,” “our,” “JOANN,” “us,” or “Company,” we are referring to Jo-Ann Stores, LLC and its parents, subsidiaries, and affiliates. Whenever we use the word “website” or “Site” we are referring to our web pages that begin with, https://goldieandjoann.cratejoy.com/

1. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy, and that you agree with it.

2. Agreement to Terms and Conditions of Use

These Terms apply to your use of our website and to your purchase of Product sold on our website. By using our website, accessing information on our website, ordering Product, or accepting delivery of Product, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between JOANN and you regarding your use of our website and Product. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website, or your purchase of Product, are specifically disclaimed and superseded by these Terms.

These Terms also include the Terms and Conditions of Use for joann.com, which can be found https://www.joann.com/terms-conditions.html

If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website and do not order Product. Your continued use of our website and ordering of Product means that you have agreed to the Terms. You cannot use our website or order Product, and at the same time object to these Terms. Your use of our website is at your sole risk.

3. Dispute Resolution and Arbitration Agreement

Any dispute or claim arising out of, or relating in any way to, these Terms, your visit to the Site, or to any purchase of Product, or other transaction with JOANN (including claims relating to our advertisements and disclosures, email and mobile SMS messages (texts) sent by JOANN, or JOANN’s collection or use of your information) (“Dispute”) must be resolved through binding arbitration, rather than in court. In lieu of arbitration, either you or JOANN may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.

Any party who intends to seek arbitration must first try in good faith to resolve the Dispute by providing to the other side a written notice describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The notice must be mailed via certified or registered mail to JOANN at: Jo-Ann Stores, LLC, Attn: Law Department, 5555 Darrow Road, Hudson, OH 44236; or to you at your last-used billing address or the billing or shipping address in your online profile. If we are unable to reach settlement within 60 days, then, upon notice to the other party (or parties), any party may begin arbitration.

If you are a resident in the United States or any other jurisdiction except Canada, you agree that the Federal Arbitration Act and federal arbitration law apply to this agreement, and that any arbitration under this agreement will be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures, which are available at www.adr.org, or by calling 1-800-778-7879. If you are a resident in Canada, you agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, will be resolved by the Arbitration Rules of the ADR Institute of Canada, Inc., and that the arbitration will be in English.

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 similar damages and relief as a court (including injunctive and declaratory relief or statutory damages). The arbitrator’s award will be binding and may be entered as a judgement in any court of competent jurisdiction. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location.

Notwithstanding the foregoing, if in any manner you have violated or threatened to violate any of JOANN’s intellectual property rights, we may bring suit in any state or federal court in Ohio, or, if you are a resident of Canada, in the Courts of the Province of Ontario sitting in the City of Toronto. You consent to exclusive jurisdiction and venue in these courts.

This section will survive after the Terms of Use terminate or your use of the Site ends.

4. Class Action Waiver

You and JOANN agree that any Dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute will be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. This section will survive after the Terms of Use terminate or your use of the Site ends.

5. Subscription Set-Up

To set up a subscription, you must: (a) be at least 18 years old; (b) provide complete and accurate information; (c) reside in the United States of America (including its territories); and (d) comply with these Terms. Subscribers must also pay the applicable subscription fees. You represent and warrant to us that you meet each of the foregoing requirements, and that you have read, understood and agree to these Terms.

In creating an account, you must provide us with a unique email address, username and password, along with other accurate and complete registration information, as prompted in the registration form. You are solely responsible for the use of your user name and password, including their safekeeping so they are not disclosed to, or used by, any unauthorized third party. Login credentials are non-transferable.

6. Billing and Payment Methods

By starting your subscription, you expressly authorize us to charge the applicable subscription fee at the then-current rate, plus any applicable taxes, plus any other charges you may incur in connection with your purchase of Product. These amounts will be charged to the Payment Method you provide. “Payment Method” refers to credit cards and other payment methods accepted by us from time to time. We reserve the right to change the Payment Methods we accept at any time without notice.

All prices are listed in U.S. dollars. We reserve the right to validate all payment tenders made to us. Subscriptions (including gift subscriptions) will activate on the date of purchase. The subscription period begins on that date.

Billing is automatic and recurring for subscriptions and gift subscriptions. We will bill your Payment Method for such amounts:

· At the beginning of your subscription or gift subscription; and

· Thereafter, at the beginning of each subscription or gift subscription period following the initial period, unless and until you cancel your subscription before such renewal. (See Section 8 for how to cancel)

Discounts, rebates or other special offers are only valid for the initial subscription period; subscriptions renew at the then-current full subscription rate.

If your Payment Method expires and you do not cancel your Account, you authorize us to continue billing that Payment Method, and you will remain responsible to us for any uncollected amounts. (See Section 8 for how to cancel).

If we are unable to process a payment using your selected Payment Method, we may terminate your subscription and take such other action as appropriate if you do not provide an alternate Payment Method. If payment is not successful for whatever reason, you remain responsible to us for any unpaid amounts. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us, or incurred by us in collecting any payment, including attorneys’ fees and costs of collection agencies.

7. Subscription Fees and Discounts

Once paid for, subscription fees and charges are non-refundable.

At any time, and for any reason, we may provide a refund, discount, bonus, or other consideration to some or all of our subscribers (“considerations”). The amount and form of such considerations, and the decision to provide them (or not), are at our sole and absolute discretion. The providing of considerations in one instance does not entitle you to considerations in the future for similar instances, nor does it obligate us to provide considerations in the future, under any circumstance.

8. Subscription Plans and How to Cancel

We offer a 1-month recurring subscription, a 3-month recurring subscription, and a 6-month recurring subscription, and non-recurring gift subscriptions. We reserve the right to modify, terminate or otherwise amend our subscription plans at any time without prior notice.

How to Cancel Your Subscription: You may cancel your subscription any time by terminating it through the Account Profile feature on the Site. You will NOT be refunded for a subscription that you have already paid for. Cancellation only stops the automatic renewals, not the shipment of boxes that were already ordered. If you purchased a 3-month or 6-month subscription and canceled before the prepaid term ended, you will still receive the boxes that you paid for. Afterward, your subscription will not auto-renew for a following 1-month, 3-month or 6-month plan. 

9. No Returns of Product. 

There are NO RETURNS / NO REFUNDS of the Product. Please do not take your Product to a JOANN retail store. The store is unable to process the Product or provide a return. A return policy that may found on any other JOANN website is NOT applicable to the Product sold on this Site.

10. Termination

We reserve the right, in our sole discretion, to terminate your subscription(s) or your access to the Site due to the invalidity or suspension of your Payment Method or “chargeback” of a fee or other payment. You may terminate your subscription(s) for any reason at any time by terminating it through the Account Profile feature on the Site, subject to these Terms. All provisions of these Terms shall survive the termination of these Terms.

11. Electronic Communications

When you visit our Site or email us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or notices we post on our Site, and if necessary, by regular mail or telephone. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.

12. Changes to the Terms

(a) We reserve the right to change these Terms at any time, without prior notice to you. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed.

(b) Access to our website and the use of information, materials, products or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations

These Terms were posted in September 2019.