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Spencer's Website Terms of Use

Last Updated: May 21, 2024

THESE TERMS OF SERVICE INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.

1. Introduction

These Terms of Service ("Terms") set forth a legally binding agreement between you and Spencer Gifts LLC ("Spencer's", "we", "us") and govern your use of www.spencersonline.com, your use of interactive features, widgets, plug-ins, applications, content, downloads, and/or other services that we own and control and make available through www.spencersonline.com (collectively, the "Site"), and online transactions for products or preorders (collectively, "Orders") initiated or completed on the Site. The Site and the Orders are collectively referred to as the "Service." By using the Service, you acknowledge and accept these Terms, including the binding arbitration terms in Section 22.

Additional or different terms and/or conditions may apply to your use of the Service or to a service or product offered via the Site (in each such instance, and collectively "Additional Terms"). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Service.

These Terms are subject to change without notice. When such a change is made, we will update the "Last Updated" date at the top of this page. Your use of the Service following any such change constitutes your agreement to follow and be bound by the updated Terms.

2. Privacy Policy

By using the Service, you represent and warrant that you have read and understood, and agree to be bound by these Terms and Spencer's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy is available at https://www.spencersonline.com/content.jsp?pageName=SecPriv.

3. Your Use Of The Site

A. Content. The Site may contain (a) materials and other items relating to Spencer's and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the "look and feel" of the Site such as the selection, compilation, assembly, arrangement, and enhancement of the Site; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Spencer's; and (c) other forms of intellectual property (all of the foregoing, collectively "Content"). All right, title, and interest in and to the Content available via the Site is the property of Spencer's, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

B. Limited License. Subject to your strict compliance with these Terms, Spencer's grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content, which may be immediately suspended or terminated for any reason, in Spencer's sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

C. Reservation of All Rights. All rights not expressly granted to you are reserved by Spencer's and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited.

D. Site Content Accuracy. Spencer's will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Spencer's reserves the right to correct any errors and to update Site information at any time.

E. Availability of Site and Content. Spencer's may immediately suspend or terminate the availability of the Site and Content (and any elements and features related thereto), in whole or in part, for any reason, in Spencer's sole discretion, and without advance notice or liability.

F. Creating and Accessing an Account on the Site. When you register for an account on the Site, and each time you log in to the Site thereafter, you agree:

You will provide and keep accurate, current, and complete information about yourself
You will not use a username (or email address) that is: already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive;
You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
You will abide by the use restrictions set out in these Terms;
You are solely responsible for maintaining the confidentiality of your Site access credentials and you will not share your credentials with any third party;
You will immediately notify us if your credentials are compromised or of any unauthorized use of your account, but accept that we are not responsible for thereafter stopping or preventing unauthorized use;
You will not sell, transfer, or assign your account or any account privileges; and
We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

If you are under the age of majority in your jurisdiction, then you are not permitted to register as a user. We may reject the use of any password, username, or email address for any other reason in our sole discretion. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the right, as permitted by applicable law, to terminate your account or suspend or otherwise deny your access to the Site or its benefits in our sole discretion, for any reason, and without advance notice or liability.

G. Restrictions and Prohibited Uses. You agree that, except as otherwise authorized, you will not:

Use the Site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products).
Engage in any activities through or in connection with the Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane, abusive; violate any right of any third party; or could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or are otherwise objectionable to Spencer's.
Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site.
Engage in any activity that interferes with a user's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Spencer's, or other users of the Site.
Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Content.
Harvest or otherwise collect or store any information (including personal information about other users of the Site, without the express consent of such users).
Attempt to gain unauthorized access to the Site, or other computer systems or networks connected to the Site.
Use the Site to transmit information that is in any way false, fraudulent, or misleading.
Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
Forge, modify, or falsify any network packet protocol header or metadata in any connection with, or transmission to, the Site (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers).
Remove any copyright or other intellectual property notices contained in such Content;
Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Spencer's.
Insert any code or product to manipulate the Content in any way that adversely affects the Site.
Use the Site for any reason for which the Site is not intended, or otherwise violate these Terms.

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with Spencer's or cause any other confusion; and (c) the links and the content on your website do not portray Spencer's or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Spencer's. Spencer's reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

Spencer's in its sole discretion and without advance notice, may immediately suspend or terminate the availability of the Site and/or Content (and any elements or features of the same), in whole or in part, for any reason and without liability.

H. Rights of Others. In using the Site, you must respect the intellectual property and other rights of Spencer's and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Spencer's respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Procedure for Alleging Copyright Infringement Section 16(A).

I. Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you send any message related to us to your friends, using a tool we provide on the Site or otherwise, you will only do so to the extent you have permission from them to send communications of such nature and you will comply with all applicable laws related to such communications, including without limitation disclosing any incentives or consideration you may be receiving from us related thereto.

4. Content You Submit And Community Usage Rules

A. User-Generated Content. Spencer's may now, or in the future, offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein (collectively "User-Generated Content" or "UGC").

1. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Spencer's does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.
In your communications with Spencer's, please keep in mind we may seek any ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software, or otherwise (collectively, "Solicited Ideas and Materials"). Any Solicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below in 3(A)(ii). In addition, Spencer's retains all of the rights held by members of the general public with regard to your Solicited Ideas and Materials. Spencer's receipt of your Solicited Ideas and Materials is not an admission by Spencer's of their novelty, priority, or originality, and it does not impair Spencer's' right to contest existing or future intellectual property rights relating to your Solicited Ideas and Materials. If we do not seek Solicited Ideas and Materials, you will not send us any original creative materials. Any such communication or material you do transmit to us will be treated as non-confidential and non-proprietary and are deemed UGC and licensed to us as set forth below in 3(A)(ii).
2. License to Spencer's of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion's official rules), which specifically govern the submission of your UGC, you hereby grant Spencer's the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials; and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices, and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Spencer's to your UGC, you also, as permitted by applicable law, grant to Spencer's the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 4(A)(ii).
3. Spencer's' Exclusive Right to Manage the Site. Spencer's may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Spencer's may, in its sole discretion, reject, delete, move, re-format, refuse to post, or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement, and protect users from harmful UGC. Without limitation, we may, but do not commit to, address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Site by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Site or elsewhere.
4. Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and that: (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC, and grant Spencer's the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any obligation on Spencer's to obtain consent of any third party and without creating any obligation or liability of Spencer's; (b) the UGC is accurate; (c) the UGC does not and, as to Spencer's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
5. Enforcement. Spencer's has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Spencer's cost and expense, to which you hereby consent and irrevocably appoint Spencer's as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). For alleged infringements of intellectual property rights, see Section 16. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it by contacting us at legal@spencergifts.com. If you submit UGC that Spencer's reasonably believes violates these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Site.

5. Acceptance And Billing

Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. In some cases (e.g., purchases to pick up in store or purchases of preorder items), you may be charged for your Order immediately upon our receipt of the Order. By confirming your purchase during the checkout process, you agree to accept and pay for the Order. To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).

6. Pricing And Sales Tax

All prices are in U.S. dollars. All prices posted on the Site 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. Posted prices do not include taxes or charges for shipping and handling. 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. Sales tax is charged on Orders where applicable. The sales tax will be based on the state the Order is being shipped to. Please note that some states charge sales tax on shipping fees as well.

7. Payment Methods

We accept payment methods as provided during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and warrant that the payment information you supply to us is accurate, you are duly authorized to use the designated payment method, and that you authorize us, or our payment processor, to charge your designated payment method. We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.

8. Gift Cards

You may use a gift card issued by Spencer's or by a third party (e.g., Visa, MasterCard, AMEX, or Discover) as a payment option. Should the gift card cover the full amount of the Order, including shipping and sales tax, the gift card will cover the full payment and you will not be separately charged. If, after entering a gift card as a payment option, you still owe a remaining balance, you will be prompted to provide a separate payment option, such as your credit card information. Please make sure you apply your gift card first before any other form of payment. We only honor one gift card per Order.

9. Discount Codes

When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion, as long as the correct shipping method is selected, the cost of shipping will adjust. Please make sure that you read the promotional details to confirm your order qualifies for the promotion. Our shipping promotions exclude shipments to Canada, Alaska, Hawaii, Puerto Rico, and APO/FPO addresses. Promotions for express, second day, or overnight shipments exclude shipments to PO Boxes. Any oversized shipping fees that may apply to an Order are not included in the shipping discount. Shipping promotions cannot be stacked with any other coupons or discounts.

10. Shipping

A. General. Spencer's currently ships to the United States, Canada, Puerto Rico, and APO/FPO/DPO addresses. All deliveries are pending acceptance of the Order and merchandise availability. To keep track of shipments and deliveries, check emails we send you, including in your spam folder. We may request additional information through email or other contact forms to process your Order. All items purchased from the Site for shipment to you are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

B. Partial Shipments. In some cases, your payment method may be charged more than once for a single Order. This may happen when the items you ordered do not all ship at the same time (e.g., if some of your items are a preorder or for picking up in store). In these cases, your payment method may be charged immediately for some products and at the time of shipment for other products

C. Shipping and Delivery Times. Once the Order has shipped, how quickly it is delivered depends on the shipping method selected. Estimated delivery dates to your zip code are provided at checkout or in other parts of the Site. Please keep in mind they are estimates only, we do not guarantee the delivery date. We ship Orders Monday through Friday excluding holidays. For Orders to have the option to ship the same day, they must be submitted before 3pm for economy and standard shipping options and before 12pm for the express and overnight shipping options. Orders shipped via the overnight shipping option are not delivered on Saturdays or Sundays. Orders shipped via economy, standard, or second day may deliver on Saturday if offered by your local post office. Our carriers do not require a signature. If you are not home, the package will be left at your address.

D. Shipping Restrictions. Standard, second day, or overnight shipping options are not available for PO Box addresses. Products that are considered "hazardous materials" must be shipped via standard ground or economy shipping. Items that are considered "hazardous materials" include (but are not limited to) lava lamps, aerosol, and liquid products.

E. Shipping Fees. Due to the size and weight of some products, an additional handling fee may be applied. Oversized handling fees will be noted in the product detail page.

F. International Delivery. Orders shipped to Canada via international economy shipping are delivered by the Canadian Postal Service or FedEx International. If you normally receive postal mail on Saturday, then your package may be delivered on a Saturday. International Priority shipping is delivered Monday through Friday and not on Saturday or Sunday. We are not responsible for delays caused by customs. All prices are in U.S. dollars, so additional charges may apply from your bank due to the currency conversion.

G. Order Tracking. Once your Order has shipped, a tracking confirmation will be sent to the email address submitted with the Order. This email will contain your tracking number which you can use to track your package and ensure proper delivery. Tracking information for your order can also be found on our Order Status page or the My Account page. Please allow 24 to 48 business hours (Monday through Friday, excluding holidays) for the tracking information to be updated on the carrier website. Tracking information may not be available for the first 24 to 48 hours after you receive your shipping confirmation email.

11. Cancellations

To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Spencer's may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation. If a product you purchased from us is not as described, your sole remedy is to return it and receive a credit for the purchase price, subject to our return policies in Section 13 below.

12. Exchanges

A. General. To exchange an item, it must be unworn, have the original accessories, in new and resalable condition, and in the original packaging.

B. In-Store Exchanges. You may exchange an item in-store within 30 calendar days of you receiving your item. If brick-and-mortar stores are not open or available for your exchange, you will need to return the item online, as per Section 13 below. To exchange an item in-store, you will need the item and the original invoice. Exchanges without the original invoice will be exchanged for something of equal value at the current selling cost of the item.

C. Online Exchanges. Spencer's does not accept exchanges of merchandise purchased online. You will have to return the item(s) and then place a new Order. Refer to Section 13 below for information on how to return your item(s).

D. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.

E. Body Jewelry. Spencer's offers a lifetime happiness guarantee. If you are unhappy with your body jewelry for any reason, we will replace or exchange it, subject to our Jewelry Happiness Guarantee in Section 15.

13. Returns

A. General. To return an item, it must be unworn, have the original accessories, be in new and resalable condition, and in the original packaging. You must return an item within 30 days of you receiving it. You may request a refund by returning an item in-store or online, in accordance with the terms below. For in-store returns, refund credit usually appears in your account within 2 to 3 business days (Monday through Friday, excluding holidays). For online returns, the refund credit usually appears in your account within 5 to 7 business days (Monday through Friday excluding holidays) from the date the returned item arrives at our warehouse. We will credit the original credit/debit card used to place your order. If a purchase was made through PayPal, the refund will be issued back to the credit/debit card used through PayPal. The acceptance of refund requests are at the discretion of Spencer's. Spencer's does not accept returns on intimate products, wigs, body jewelry, custom products, or clearance merchandise.

B. In-Store Returns. If you order items online, you may return those items in-store. Returns without the original invoice will be credited for the current selling price to a Spencer's gift card which you can use for future purchases online or at a Spencer's store.

C. Online Returns. The invoice in your package will contain detailed instructions on how to return your order. Package your items according to the instructions on your invoice, including packaging your item(s) along with your invoice, and ship your item(s) to the address provided on your invoice. Unless otherwise stated in Additional Terms, you are responsible for pre-paying the return shipping cost. You are responsible for requesting a tracking number and for purchasing packing insurance from your shipping vendor.

D. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.

14. Product Disclaimer

We may publish advice, FAQ, suggestions, or other recommendations on the Site in relation to the handling and care of certain products or items (e.g., lava lamps, intimate apparel). These statements are not a warranty or promise of how a product or item will ship, look like, work, or last. For example, because of transit issues a lava lamp may sometimes arrive looking cloudy, we provide advice on the Site on how to restore clarity, as cloudy lava lamp globes are not considered defective. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur. For example, while we believe our packaging is generally discreet when you order intimate apparel or other intimate products, please be advised that for deliveries to Canada, APO/FPO and other military bases, the contents of your Order are required to be listed on the outside of your package for delivery.

15. Jewelry Happiness Guarantee

If you are unhappy with your jewelry for any reason, we will replace or exchange it. If your item contains a manufacturing defect, such as if it chips, the color fades, or if a stone falls out, we will replace it. If the item is no longer available, we will replace it with an equally valued piece of jewelry of your choice. Simply contact us at:

Email: GuestServices@spencersonline.com
Call: 1-833-553-1595
Or via Live Chat

16. Infringement And Dispute Terms

A. Procedure for Alleging Copyright Infringement

If you are a copyright owner and believe infringing use of your content is on our Site, or you are a user who has received notice that you have posted allegedly copyright infringing content on our Site, see below for more information.

Spencer's asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Spencer's sole discretion, we may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable law, Spencer's has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:

i. a title or subject line that says: "DMCA Copyright Infringement Notice";
ii. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Site on which the material appears or relevant screenshots);
iv. your full name, address, telephone number, and email address;
v. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
vii. your electronic or physical signature.

Spencer's will only respond to DMCA Notices that it receives by mail or email at the addresses below:

By Mail:
Spencer Gifts LLC
Attn: Legal Department
6826 Black Horse Pike
Egg Harbor Township, NJ 08234

By Email:
legaldept@spencergifts.com

For more information call:
1-800-762-0419
Spencer's may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Spencer's may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Spencer's other rights, Spencer's may, in appropriate circumstances, terminate a repeat infringer's access to the Site and any other website owned or operated by Spencer's.

B. Counter-Notification.

If access on the Site to a work that you submitted to Spencer's is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

i. a legend or subject line that says: "DMCA Counter-Notification";
ii. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Site from which the material was removed or access to it disabled or relevant screenshots);
iii. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. your full name, address, telephone number, email address, and the username of your Account;
v. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the New York Supreme Court, and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
vi. your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

17. Third-Party Interactions

A. Third-Party Content and Websites. The Site may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by Spencer's. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Site are solely between you and the third party.

By using the Site, you acknowledge and agree that Spencer's is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify Spencer's against all claims, injury, and/or damages arising out of your use of any third-party service.

B. Business Transactions. We reserve the right to transfer any information we obtain through the Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).

18. Messaging And Location-Based Features

A. Text Messages. Spencer's may offer opportunities to subscribe to various text messaging programs. Your participation in such text message programs will be subject to these Terms, as well as any other terms presented to you at the time you provide your phone number or otherwise enroll in the program. You are not required to consent to receive marketing text messages to purchase any product or service. Message frequency may vary. Message and data rates may apply. You can text HELP for help or STOP to cancel at any time.

B. Email Messages. You may cancel or modify your email marketing communications preferences by following the instructions contained in our promotional emails. You may also opt out of email marketing by contacting us at:
Mailing address: Spencer Gifts LLC
6826 Black Horse Pike
Egg Harbor Township, NJ 08234

Phone number: 1-800-762-0419
Email address: GuestServices@spencersonline.com

If you are a registered user on the Site, you may also control your email marketing preferences through your account settings, which may include the ability to limit the categories and types of marketing emails you receive from us. Please allow up to 10 business days for your request to be processed. This will not affect subsequent subscriptions. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails relating to your account or use of the Site.

C. Location-Based Features. If GPS, geo-location, or other location-based features are enabled on your device, you acknowledge that your device location may be tracked and may be shared with others. Some devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth, and other networks may still be tracked when location services are turned off on device settings. Territory geo-filtering may be required in connection with use of some Site features due, for instance, to Content territory restrictions.

19. Limitation Of Liability

IN NO EVENT WILL SPENCER'S, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, "SPENCER'S PARTIES"), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A "THIRD-PARTY PROVIDER"), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) YOUR ENGAGEMENT WITH OTHER USERS, (G) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR (H) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

As permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Spencer's Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPENCER'S PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SPENCER'S IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (A) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY SPENCER'S PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY SPENCER'S PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (B) SPENCER'S PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY SPENCER'S PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (C) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST SPENCER'S PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

20. Disclaimers

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, SPENCER'S PARTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITE, INCLUDING CONTENT AND UGC, OR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SPENCER'S PARTIES OTHER THAN PURSUANT TO THESE TERMS.

21. Indemnification

You agree to defend, indemnify, and hold harmless Spencer's Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys' fees and costs) arising out of or in connection with any of the following: (a) your breach or alleged breach of these Terms; (b) your UGC; (c) your use of the Service; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) any misrepresentation made by you; or (g) any interaction you have with any other user(s). Spencer's Parties reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of Spencer's Parties and you agree to cooperate with our defense of any such claim.

22. Dispute Resolution

This Section 22 is a "written agreement to arbitrate" pursuant to the U.S. Federal Arbitration Act. You and Spencer's agree that that this Section 22 satisfies the "writing" requirement of the U.S. Federal Arbitration Act. Notwithstanding anything to the contrary in these Terms of Service, this Section 22 can only be amended by mutual agreement.

A. Mandatory Pre-Arbitration Informal Dispute Resolution. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, "Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, your or our name and contact information (address, telephone number, and email address), and the nature and basis of the relief sought (including a detailed calculation of any damages). Our notice to you will be sent based on the most recent contact information that you provide us. Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a Spencer's representative (and our attorney if we are represented by legal counsel). If you do not include contact information, or if such information is not current, then we have no obligation under this Section 22(A). Your notice to us must be sent to:

Spencer Gifts LLC
Attn: Legal Department
6826 Black Horse Pike
Egg Harbor Township, NJ 08234

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a Spencer's representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. If neither you nor we elect to raise the sufficiency of a notice or compliance with this information dispute resolution process in court, then you or we may elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

B. Arbitration Rules and Procedures; Individualized Relief; Fees. If we cannot resolve a Dispute as set forth in Section 22(A) within the timeframe set forth in Section 22(A), then to the fullest extent not prohibited by applicable law, any and all disputes between you and Spencer's of any nature or arising out of any transaction or relationship, including but not limited to those related to the Service or these Terms, shall be resolved by arbitration in accordance with the provisions of this Section. BY USING THE SITE AND AGREEING TO ARBITRATION YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. Notwithstanding the foregoing, you and Spencer's agree that only a court, and not an arbitrator, has the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. If either you or Spencer's challenges the arbitrability of a Dispute, then any arbitration proceedings, including any requirement to pay any fees associated with any arbitration proceedings, are immediately suspended pending resolution of the arbitrability issue by a court of competent jurisdiction or by mutual agreement between you and Spencer's. Any party that wishes to challenge arbitrability in court must do so within 60 days of the date on which you and Spencer's reach impasse on the issue of arbitrability.

To begin an arbitration proceeding, you must send an arbitration demand to National Arbitration and Mediation ("NAM") with a copy to:

Spencer Gifts LLC
Attn: Legal Department
6826 Black Horse Pike
Egg Harbor Township, NJ 08234

We must send an arbitration demand to NAM with a copy sent to you at the most current address we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a Spencer's representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

The arbitration will be administered by NAM under its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable ("NAM Rules"), as modified by this Section 22. To the extent the NAM Rules and this Section 22 conflict, this Section 22 will control. The NAM Rules and fee information are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with the NAM Rules as modified by this Section 22, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the NAM Rules as modified by this Section 22. Payment of all arbitration fees will be governed by the NAM Rules as modified by this Section 22; but if applicable arbitration rules or laws require Spencer's to pay a greater portion or all of such fees and costs in order for this Section 22 to be enforceable, then Spencer's will have the right to elect to pay the fees and costs and proceed to arbitration. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Spencer's will consider a request to reimburse the consumer filing fee upon a demonstration of hardship.

You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and Spencer's reserve the right to request a hearing in any matter from the arbitrator. You and Spencer's agree that you and a Spencer's representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location. The arbitrator will (a) apply applicable law and the provisions of these Terms and any Additional Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party's claim. This arbitration provision shall survive termination of these Terms of Service.

The arbitration will be conducted by a single arbitrator who will apply these Terms of Service as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and Spencer's. An award that has been satisfied may not be entered in court.

C. Class Action Waiver. UNLESS BOTH YOU AND SPENCER'S AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND SPENCER'S AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A "PUBLIC INJUNCTION." THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF. Notwithstanding any other clause contained in these Terms or this arbitration agreement, this Section 22(C) shall not be severable in any case in which the Dispute is brought as a class, collective, representative, or aggregate action. Notwithstanding any other clause contained in these Terms or this arbitration agreement, any challenge to the validity of this Section 22(C) may be determined only by a court of competent jurisdiction and not by an arbitrator.

D. Additional Procedures for Mass Filing. You and Spencer's agree that these procedures (in addition to all others provided in this Section 22 shall also apply if you choose to participate in a "Mass Filing" (defined below).

If 25 or more similar Disputes (including yours) are asserted against Spencer's by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"), consistent with the definition and criteria of Mass Filing set forth in the NAM Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

STAGE ONE: Assuming there are at least 25 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall each select 5 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side's counsel may elect to have their 5 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 25 Disputes, all shall proceed individually in Stage One). Each of the 25 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings, the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and Spencer's shall pay the mediator's fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Spencer's shall each select 10 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side's counsel may elect to have their 10 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and Spencer's shall again pay the mediator's fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with these Terms of Service. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of these Terms of Service, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Filings section of the Terms of Service and each of its requirements are essential parts of this Section 22. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms of Service.

E. Opt-Out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: Spencer Gifts LLC, Attn: Legal Department, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234, postmarked within 60 days of the first time you agreed to terms with Spencer's that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account (if you have created an account); and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms of Service. By opting out of arbitration, all other provisions in these Terms of Service, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.

F. Severability and Survival. Except as specifically provided in Section 22 (e.g., the Class Action Waiver and the Additional Procedures for Mass Filings), if any part or parts of this Section 22 is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of Section 22 shall continue in full force and effect. These Section 22 provisions will survive the termination of these Terms of Service.

G. Future Changes to Arbitration Agreement. If we make any future changes to this Section 22 (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address: Spencer Gifts LLC, Attn: Legal Department, 6826 Black Horse Pike, Egg Harbor Township, NJ 08234, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Spencer's in accordance with this version of the Terms of Service.

H. Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND SPENCER'S WAIVE THE RIGHT TO A JURY TRIAL. YOU AND SPENCER'S ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

23. Applicable Law

The arbitration agreement in Section 22 of these Terms is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Except for the arbitration agreement in Section 22, these Terms and any applicable Additional Terms will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

24. Assignment

Spencer's may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Spencer's.

25. Complete Agreement And Severability

Unless otherwise specified, these Terms constitute the entire agreement between you and Spencer's. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of Spencer's to act with respect to a breach by you or others does not waive Spencer's right to act with respect to subsequent or similar breaches. Spencer's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by an officer of Spencer's.

26. Investigations; Cooperation With Law Enforcement

Spencer's reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Spencer's may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

27. California Consumer Rights And Notices

Residents of California are entitled to the following information:

You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
Spencer's return and refund policy is available here.
The legal name under which Spencer's conducts business is Spencer's Gifts LLC and Spencer's business address is 6826 Black Horse Pike, Egg Harbor Township, New Jersey 08234
California residents who have purchased items from the Site may receive verification of this information by email by contacting us at legaldept@spencergifts.com.

California Transparency in Supply Chains Act Disclosure
Spencer's supports the right of all individuals to be free from slavery in the workplace. We abhor the practice of human trafficking and slavery and applaud efforts being made globally to eliminate this practice.

Verification. Spencer's has a program that assesses the risk of human trafficking and slavery posed by our direct source vendors. An independent third-party verifier administers the program.
Audits. Spencer's utilizes an independent, third-party auditor to confirm that our international suppliers comply with all employment laws. The audits are announced. Spencer's does not conduct audits of our suppliers here in the United States.
Certification. Spencer's requires all of its suppliers to be compliant with all local and national laws governing slavery and human trafficking in the countries in which they do business. By accepting a purchase order or contract, every supplier certifies that it conducts business in compliance with local and national laws related to employment, and its failure to do so is a breach of the contract.
Internal accountability. Spencer's has adopted a policy for our employees and contractors that sets forth our expectations and standards with regard to the fair treatment of our employees. Spencer's policy specifically prohibits forced labor. Spencer's provides training on these standards for our employees and management, and we provide a confidential hotline for employees to report concerns related to their fair treatment and other employment related issues. We prohibit retaliation against anyone who in good faith reports a possible violation of our policy.
Training. All of our employees who have direct responsibility for international supply chain management receive internal and external training on slavery and human trafficking issues. Our international buying team receives this training in connection with every international buying trip, which typically occur several times each year.
Spencer offers human trafficking and slavery training to its suppliers.

28. International Issues

Spencer's controls and operates the Site from its U.S.-based offices. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content (to the extent local laws apply). We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or Additional Terms, or to any sale of goods carried out as a result of your use of the Site.

29. Export Controls

Software related to or made available by the Site may be subject to export controls of the U.S.A. that prohibit software from the Site from being downloaded, exported, or re-exported (a) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed (e.g., Cuba, Iraq, Libya, North Korea, Iran, Sudan, and Syria), or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (a) – (c) above.

30. Electronic Contracting

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site constitutes agreement to the Terms, and any applicable Additional Terms then posted without further action by you.

31. Termination; Survival

We may suspend or terminate your access to the Site, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason, and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Spencer's under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from Spencer's, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Spencer's in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.

32. Contact Us

Any questions regarding these Terms may be directed to legaldept@spencergifts.com.