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Terms of Use

Judith Poe ("Judith Poe", “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to its websites, accessible via www.JudithPoe.com or any website owned or controlled by Judith Poe, including its subdomains (collectively, the “Sites”), and use of its applications (herein after referred to as the “Apps”) (together the “Platform”), conditioned on your acceptance of these terms, conditions, and notices contained herein (the “Terms”) (together with, our Privacy Policy, Return Policies, and, if applicable, the Cookie Policy, Terms of Sale, and any other documents referred to herein).

For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

PLEASE BE AWARE THAT SECTION 16 OF THE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND JUDITH POE. AMONG OTHER THINGS, SECTION 16 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16 ALSO CONTAINS CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 16 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

A. GENERAL TERMS OF USE

1. Acceptance of Terms.

PLEASE READ THESE TERMS AND THE JUDITH POE PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND THE JUDITH POE PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

JUDITH POE MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement You may have with Judith Poe or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms by this reference, describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, Judith Poe’s use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding Judith Poe’s processing of your personal information, please refer to our Privacy Policy, available at https://www.judithpoe.com/privacy  or, as applicable, the local version available at the bottom of the regional Site.

You are expected to check this page from time to time to take notice of any changes Judith Poe has made, as they are binding on you. The Terms were updated as of June 01, 2023.

2. Use and Restrictions.

The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.

The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that Judith Poe, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform.

You agree not to:

• resell for commercial purposes products purchased through the Platform, or as applicable, from a Judith Poe retail store;

• commercially sell, resell, distribute, or frame the Platform or Content therein;

• modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

• use, frame or utilize framing techniques to enclose any Judith Poe trademark, logo or other proprietary information (including the images found on the Platform, the content of any text or the layout/design of any page or form contained on a page) without Judith Poe’s express written consent;

• collect or use any product listings or descriptions; or

• use any meta tags or any other “hidden text” utilizing a Judith Poe name, trademark, or product name without Judith Poe’s express written consent.

When using the Platform, you may not:

• breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer or database connected to our Platform;

• transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;

• use any data mining, robots, or similar data gathering and extraction methods from the Platform;

• access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms,

• attack our Platform via a denial or service attack or distributed denial or service attack.

• forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform;

Any unauthorized use of the Platform will terminate the permission or license granted by these Terms, will result in you being barred from using the Platform, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. Copyright

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of Judith Poe and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms or with Judith Poe's express written consent. Other than as necessary for your use of the Platform in accordance with these Terms, Judith Poe grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Judith Poe's licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without Judith Poe’s express prior written consent.

If you print, copy or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at Judith Poe’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the Sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Judith Poe’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Platform are proprietary to Judith Poe or such Marks' respective owners. You may not display or reproduce Judith Poe Marks other than with the prior written consent of Judith Poe, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Judith Poe or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Judith Poe.

5. Copyright and Trademark Infringements

Judith Poe respects the intellectual property rights of others, and we ask you to do the same. Judith Poe may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide Judith Poe's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single website are covered by a single notification, a representative list of such works at that website.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Platform, and information reasonably sufficient to permit Judith Poe to locate the material.

• Information reasonably sufficient to permit Judith Poe to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Judith Poe's agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows:

By email: Security@JudithPoe.com

By mail:
Judith Poe
Attention: Brand Protection
580 California St.
12th Fl
San Francisco, CA 94104

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

6. Your Account

If you purchase products or services using the Platform, you may be prompted to establish an account with Judith Poe, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.

You agree to immediately notify Judith Poe of any unauthorized use of your password or account or any other breach of security by contacting: Security@JudithPoe.com  

We have the right to disable any account or password at any time, for any reason. 

You acknowledge and agree that Judith Poe may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if Judith Poe is required to do so by law or legal process or if Judith Poe determines, in its sole discretion, that such action is necessary to protect the rights of Judith Poe, third parties, and other users of the Platform or for purposes of responding to your request for customer service.

7. Terms of Sale

All product sales from the Platform and purchases made in Store are governed by any terms of sale that may be posted on the Platform. You should refer to section at the bottom of the home page and related pages on the Platform to learn more about the applicable terms, product warranties, our return and exchange policies (the “Return Policies”), payment options and shipping terms (collectively the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Judith Poe’s sole discretion, so you should review the Terms of Sale each time you make a purchase.

Discount and loyalty programs offered by Judith Poe are subject to change and may have additional terms and conditions that apply, including but not limited to the Membership Terms or collective Terms and Conditions.

Unless otherwise provided for in a separate discount or loyalty program agreement: (1) Judith Poe may restrict the types of acceptable payment used in connection with an applicable discount, for example, a debit or credit card may be required; and (2) you may not resell any product purchased with your applied discount. Judith Poe reserves, and you acknowledge and agree that Judith Poe has, the absolute right to deny use of an applicable discount or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.

8. Electronic Communications

You consent to receive electronic communications from Judith Poe either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.

You agree that Judith Poe may use and/or disclose information consistent with the Privacy Policy.

9. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Platform (each a "Submission") and through the services available in connection with the Platform, and that you, and not Judith Poe, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Judith Poe. You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms in your jurisdiction.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.

You agree that Judith Poe is free to use a Submission for the purpose of providing you and others with use of the Platform and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to Judith Poe under these Terms, you grant Judith Poe a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to Judith Poe a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Judith Poe products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and Judith Poe is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to Judith Poe set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:

• use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by Judith Poe;

• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

• take any action that imposes or may impose (in Judith Poe’s sole discretion) an unreasonably or disproportionately large load on Judith Poe’s infrastructure;

• attempt to gain unauthorized access to Judith Poe computer network or user accounts;

• encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

• attempt to damage, disable, overburden, or impair Judith Poe servers or networks;

• fail to comply with applicable third party terms;

• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

• use racially, ethnically, or otherwise offensive language;

• discuss or incite illegal activity;

• use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);

• post anything that exploits children or minors or that depicts cruelty to animals;

• post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);

• disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;

• use any robot, spider, scraper or other automated means to access the Platform; and

• alter the opinions, goals, profiles or comments posted by others on the Platform.

This list of prohibitions provides examples and is not complete or exclusive. Judith Poe reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services) and (iii) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Judith Poe determines is inappropriate or disruptive to this Platform or to any other user of the Platform and/or services. Judith Poe may report to law enforcement authorities any actions that may be, or reasonable suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at Judith Poe's discretion, Judith Poe will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.

Judith Poe takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Judith Poe is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require Judith Poe to monitor, police or remove any Submissions or other information submitted by you or any other user.

Judith Poe prohibits crawling, scraping, caching or otherwise accessing any content on the Platform via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Judith Poe's express consent).

It is Judith Poe's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Judith Poe does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Judith Poe is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

10. Modifications

Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Judith Poe reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time.

11. Indemnification

You agree to defend, indemnify and hold harmless Judith Poe, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms.

12. Third-Party Sites

The Platform may contain links to websites, widgets, Marks, or other resources owned, controlled, operated or otherwise provisioned by third parties other than Judith Poe or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. Judith Poe does not control Third-Party Sites, and is not responsible for the content, products, services or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply Judith Poe’s endorsement of the content, products, services, information offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

13. Linking to the Sites

You may link to our Sites, 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 where none exists. you must not establish a link from any website that is not owned by you. The Sites must not be framed on any other website, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms.

14. Warranties and Disclaimer

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO JUDITH POE THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.

THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE PLATFORM, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUDITH POE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, JUDITH POE DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. Judith Poe 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 our Platform or to your downloading of any material posted on it, or on any website linked to it.

IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. JUDITH POE THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, JUDITH POE RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, JUDITH POE MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, JUDITH POE WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE.

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Judith Poe is not liable for these variants and deviations.

Nothing in these Terms shall affect your legal rights under applicable consumer laws.

15. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, JUDITH POE AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY JUDITH POE’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITIATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree that any claim you may have arising out of or related to your relationship with Judith Poe must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

16. Arbitration Agreement

General

We believe that arbitration offers a prompt, efficient way to resolve any dispute, controversy or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).

To the maximum extent permitted by law, you and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, your access to or use of the Judith Poe site, any communications you receive from Judith Poe, any products sold or distributed through the Judith Poe site, your account, your use of the Platform (including for the purchase of Judith Poe products), your Submissions, and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as further detailed in this Section 16 (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration. The discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees).

The only exceptions to the Arbitration Agreement are: (i) you and Judith Poe may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Judith Poe may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

Waiver of Jury Trial

YOU AND JUDITH POE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Judith Poe are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief

YOU AND JUDITH POE AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Judith Poe agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Washington. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Judith Poe from participating in a class-wide settlement of claims.

Pre-Arbitration Claim Resolution

There might be instances when a Dispute arises between you and Judith Poe. If that occurs, Judith Poe is committed to working with you to reach a reasonable resolution. You and Judith Poe agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via Your information on file and you will reach us by emailing us at SECURITY@JUDITH POE.COM with the following information: (i) your name; (ii) your address; (iii) a written description of our claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within forty-five (45) days after receiving said notification, then you or we may pursue the Dispute in arbitration, as detailed below, or, if you have opted out of arbitration as provided under “30-Day Right to Opt Out”, in court.

30-Day Right to Opt Out

Notwithstanding the above, you have the right to opt out of the provisions of this Arbitration Agreement within thirty (30) days from the date that you first consent to these Terms (the “Opt-Out Deadline”). To opt out of arbitration, simply email us at SECURITY@JUDITH POE.COM with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you do not wish to resolve Disputes with us through arbitration. Any decision to opt out of arbitration will have no adverse effect on your relationship with us, but we do have to enforce the Opt-Out Deadline. Any opt-out request received after the Opt-Out Deadline will not be valid, and you will be required to pursue any Dispute in arbitration. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Arbitration Procedures

If the Dispute is not resolved as provided under “Pre-Arbitration Claim Resolution” within forty-five (45) days, either you or we may initiate arbitration proceedings. The AAA will administer all Disputes, and the arbitration will be conducted before a single arbitrator, in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms govern in the event of any conflict with the applicable arbitration rules.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Pre-Arbitration Claim Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

The arbitration will be conducted in English, closed to the public and confidential. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All related records shall be kept confidential, except as necessary to obtain court confirmation of the arbitration award.

The Terms evidence a transaction which may involve interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.

Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.

Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

Unless you and Judith Poe otherwise agree, or the “Batch Arbitration” process discussed in the subsection below is triggered, the arbitration will be conducted in the country where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Judith Poe by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (i) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Judith Poe.

You and we agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Invalidity, Expiration.

Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Judith Poe as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Modification

Notwithstanding any provision in these Terms to the contrary, you and we agree that if Judith Poe makes any future material change to this Arbitration Agreement, it will notify you as set forth above. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Judith Poe at SECURITY@JUDITH POE.COM, your continued use of the Judith Poe Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms), those agreements to arbitrate remain in full force and effect. Judith Poe will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

17. Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Platform and/or the Content must and will be venue exclusively in San Francisco, California. These Terms and the relationship between you and Judith Poe shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.

18. Miscellaneous

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

19. Language

You agree it is the express wish between you and Judith Poe that the official language of these Terms and all communications and agreements between Judith Poe and you and any proceedings in connection with these Terms and/or your use of the Platform exclusively shall be made in the English language. Judith Poe and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.

20. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Judith Poe as a result of these Terms, our Privacy Policy or any use of the Platform. Judith Poe's performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or our Privacy Policy is in derogation of Judith Poe's right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Judith Poe with respect to such use.

21. Entire Agreement

These Terms, the Privacy Policy, and, as applicable the Cookie Policy and our Terms of Sale constitute the entire agreement between you and Judith Poe with respect to the Platform, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Judith Poe with respect to the Platform.

22. QUESTIONS OR CONCERNS

If you have any concerns about material which appears on the Platform, please contact us by emailing us at: SECURITY@JUDITHPOE.COM or by writing to us at:

Judith Poe
Attn: Legal – Terms of Use
580 California St.
12th Fl
San Francisco, CA 94104
United States

B. GIFT CARDS TERMS AND CONDITIONS

These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all Judith Poe physical and electronic gift cards (“eGift Cards”), including all Judith Poe trade-in, credit, or promotional physical and eGift Cards (each a “Gift Card” or collectively, “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively “Used”) by you.

By Using a Gift Card, you agree to be bound by the “Terms,” which include these Gift Card Terms, the broader Judith Poe Terms of Use, Terms of Sale, as applicable, and the terms and conditions of Judith Poe’s third-party Gift Card providers (as detailed below). To the extent there are conflicts between these Gift Card Terms and the broader Judith Poe Terms of Use or the Terms of Sale, as applicable, these Gift Card Terms will control with respect to the use, purchase and redemption of Gift Cards. You agree and acknowledge that Judith Poe may process your personal information in connection with your Use of Gift Cards in accordance with our Privacy Policy.

In these Gift Card Terms, “you” and “your” means the cardholder who Uses a Gift Card. “Online” means Judith Poe ecommerce domains, such as judithpoe.com and the Apps. “Stores” means Judith Poe-owned and operated retail stores, including events or special appearances.

1. Purchasing

Gift Cards are available for purchase in Stores, Online, and at various other authorized retailers, and are offered in the following denominations:

• Gift Cards purchased Online (both physical and eGift Cards) can be purchased in increments of $150, $200, $500, up to $1,000.

Gift Cards have no value until activated. Judith Poe reserves the right to suspend or delay activation until payment has been cleared. 

It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.

Gift Cards are only valid if purchased from Stores, Online, or an authorized third-party distributor. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.

Limitations:

1. Judith Poe’s policies limit the maximum value of each Gift Card to $2,000, and Judith Poe uses commercially reasonable efforts to limit the aggregated amount of Gift Cards purchased to $5,000 per day (within a 24-hour period), per individual across Stores and Online.

2. You may not use third-party gift cards (e.g., mall gift cards) to purchase a Gift Card.

3. Your Judith Poe Gift Card balance cannot be used to purchase other Gift Cards.

4. Gift Cards may not be purchased using promotional offers or discounts. 

5. A Gift Card is not a credit, debit, or charge card. No implied warranties attach to purchased Gift Cards.

6. Gift Cards cannot be returned; resold; used for payment outside of Stores or Online; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by Judith Poe. No portion of your Gift Card balance may be transferred to another person, Judith Poe Wallet, or Judith Poe account or applied to any other account, except to the extent required by law.

7. If purchasing Online, Judith Poe will not be liable for any failure or delay in delivery. You are obligated to provide the correct address or email address, as applicable. Judith Poe is not responsible for Gift Cards that are undeliverable or not received due to inaccurate delivery information.

8. Judith Poe is not liable for Gift Cards purchased or sold via websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay, Craigslist). Gift Cards obtained or purchased from non-Judith Poe sources may be invalid or have a lower redeemable balance or value than the unauthorized vendor represented. Judith Poe is not obligated to honor invalid Gift Cards or balances, or values that have been misrepresented or are incorrect. 

2. Redemption

Gift Cards can only be redeemed in-Person and Online. Gift Cards cannot be used at other retailers (shop-in-shops), or franchises, or with our wholesale retail partners.

When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Gift Card. The balance will remain on the Gift Card until it is decreased to zero. You must have sufficient available funds on a Gift Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to Judith Poe.

You do not have the authority to halt a purchase initiated with your Gift Card and you are liable for any such transaction. Judith Poe reserves the right to refuse a Gift Card or limit the ability to use if Judith Poe has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.

Restrictions:

1. Only five (5) Gift Cards can be redeemed at a time.

2. Gift Cards cannot be redeemed in the following countries: Qatar, Bahrain, Oman, Kuwait, UAE, Mexico.

3. Gift Cards cannot be used in Store and/or Online in combination with discounted products, programs, or promotions, including but not limited to the restricted Online only products.

4. Gift Cards are not eligible for redemption or in connection with Judith Poe’s Experiential Store offerings (e.g., Airbnb Experience).

5. Gift Cards cannot be used to purchase certain ineligible goods and services (e.g., Judith Poe products or subscriptions). To pay for an order that includes any ineligible items, you may need to provide a credit card, debit card, or another valid payment method. Eligible goods and services are subject to change at our discretion.

6. Gift Cards cannot be transferred to another account after you have redeemed the claim code.

7. Gift Cards cannot be used as payment for orders placed for commercial purposes (i.e., sourcing inventory online). You are not permitted to Use Gift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services.

3. Returns

All purchases made with a Judith Poe Gift Card are final sale and nonrefundable. In the rare case of an individually evaluated return for purchases made with a Judith Poe Gift Card:

• Subject to the Returns Policy.

• A credit to a Gift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with a Judith Poe Gift Card will be issued a credit to a Gift Card accordingly.

4. Risk of Loss

The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon Judith Poe’s electronic transmission of the Gift Card to the purchaser or designated recipient, or Judith Poe’s delivery to the carrier, whichever is applicable.

You are responsible for safeguarding your Gift Card from unauthorized use. Judith Poe is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. Judith Poe will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.

Beware of gift card scams. Do not share your Gift Card number and PIN if you are NOT purchasing an item from Stores or Online. You can report potential scams to your local law enforcement and the FTC (reportfraud.ftc.gov). There are a variety of gift card scams that request payment by a gift card. Go to FTC.gov/giftcards to learn more about gift card scams. Judith Poe is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.

5. Expiration of Gift Cards.

Gift Cards never expire or accrue fees.

6. Violation of These Terms; Suspension; Fraud

By Using a Gift Card, you agree to comply with our Terms and not Use a Gift Card in a way that is harmful to Judith Poe, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, orders, and purchases.

We reserve the right, without prior notice, at any time and in our sole discretion to (i) prohibit you from purchasing, claiming or redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfillment (including orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of our Terms and policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.

7. Compliance with Laws

Your Use of a Gift Card certifies and represents to Judith Poe that the activities in which the Gift Card will be used will comply with the Terms, all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify Judith Poe and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release Judith Poe from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.

8. No Promotional Use or Affiliation with Judith Poe

Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

It is strictly prohibited to use Judith Poe's name, logo, trade dress (including any image/likeness of the Gift Cards), or intellectual properties, including without limitation, trademark and copyright, in connection with Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with Judith Poe or any of its subsidiaries or affiliates.

9. Limitation of Liability

JUDITH POE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

10. Disputes

Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with Section 16 “Arbitration” in the General Terms of Use.

NOTE, THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE JUDITH POE TERMS OF USE FOR FURTHER INFORMATION.