Terms of Service

Updated October 11, 2024

            The information contained herein sets forth your rights and obligations with respect to the transaction(s) contemplated for hereby and your use of the site in general. These terms require the use of arbitration (on an individual basis only; i.e., case consolidations and class-actions are not permitted) in order to resolve disputes. Please review this document in its entirety before entering intoany transaction hereunder in order to confirm your acceptance hereof. You may not order or obtain products or services from this website unless and until you: (a) agree to these terms and conditions in their entirety; (b) are at least 18 years old; and (c) are not prohibited from accessing or using this website or any of this website's contents, goods, or services by any applicable law, rule, or regulation. 

• Applicability of Terms of Use: These terms and conditions (these "Terms" or “Terms of Use” or “Terms and Conditions”) shall apply to your purchase of products and related services through https://jasminesummerboutique.com  (the “Site”) as well as your use of the Site, in general. These Terms are subject to change at any time without prior written notice by Jasmine Summer Boutique, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). Any such changes will be communicated via an update on the Site. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made. You should also review our Privacy Policy before browsing our Site, visiting our Site, and/or placing an order for products through the Site. 
  This Agreement, along with all Company policies referenced in these Terms and Privacy Policy, constitute the entire and only agreement between Company and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms of use in this Agreement will be binding on Company only if agreed in writing by you and an authorized representative of Company. This Agreement may be amended by Company at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 
• Site Use and Content. You may view, copy or print pages from the Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of the Company. 
• Online Account Access. For certain features available through the Site, you are able to create a Jasmine Summer Boutique’s Loyalty Program account (“User Account”). For self-enrollment, you must provide Account-specific information to authenticate yourself (i.e. Account owner name, address, email address, phone number, and password). We use reasonable precautions to protect the privacy of your User Account information by utiliz. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Web Site. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify the Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by notifying us via our Contact Us You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. 
• Reliance by Company. You authorize the Company to rely on your UserID and password to identify you when you use your User Account, and as signature authorization for any payment made using the User Account. You acknowledge and agree that you are responsible for all transactions made using your User Account. You also acknowledge and agree that if you permit another person or persons to use the User Account or give them your UserID and/or password, you are responsible for any payment that person makes to your User Account, even if the person exceeds your authorization. 
• Termination of User Account. Company reserves the right to terminate your User Account for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the User Account by writing to the Company at the address provided at the end of these terms. Any termination of your use of the User Account, whether by you or the Company, will not affect any of your or the Company’s rights and obligations under these Terms that have arisen prior to the effective date of such termination. 
• Online Orders:  When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time.Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein. 
• Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. 
• Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery. 
• Returns: Except for any products designated on the Site as final sale or non-refundable, if you, for any reason, are not satisfied with your order, you may return it for a refund in the form of a Jasmine Summer Boutique E-Gift Card (store credit); provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will refund your purchase price in the form of a Jasmine Summer Boutique (store credit), less the original shipping & handling. All returns must be made pursuant to the specific return procedure specifically set forth on the Site . You are responsible for all shipping and handling costs on returned items, unless otherwise specified. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back in the form of an E-Gift Card (store credit). 
• Privacy Policy and Website Terms of Use: We respect your privacy and are committed to protecting it. Our Privacy Policy [https://JasmineSummerBoutique.com/policies/privacy-policy] governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.  The Privacy Policy is subject to the Terms.
• Text Messaging and Telephone Calls. Certain portions of the Services may allow us to contact you via telephone text messages. You agree that the Company may contact you via telephone or text messages including by an automatic telephone dialing system at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes (including cart reminders and promotional offers). You understand that you are not required to provide this consent as a condition of purchasing any products. You also understand that you may opt out of receiving text messages from us at any time, by contacting us at privacy@JasmineSummerBoutique.com or texting “STOP” to 76391. After you send the text message "STOP" to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again. If you are experiencing issues with the messaging program you can text “HELP” to 76391 for more assistance, or you can get help directly at privacy@JasmineSummerBoutique.com. Carriers are not liable for delayed or undelivered messages.  As always, message and data rates may apply for any messages sent to you from us and to us from you. Messaging frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.  If you do not choose to opt out, we may contact you as outlined in our privacy policy. 
• Buyer Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) 
• WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). 
• LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUE OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND EXCLUSIVE LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO US UNDER THESE TERMS FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDINGTHE CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 
• Third Party Content.
• COMPANY may provide hyperlinks to other web sites maintained by third parties, or COMPANY may provide third party content on the Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. 
• If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Web Site. A web site that links to the Site: (i) may link to, but not replicate, the Company’s Content; (ii) may not create a browser, border environment or frame the Company’s Content; (iii) may not imply that the Company is endorsing it or its products; (iv) may not misrepresent its relationship with the Company; (v) may not present false or misleading information about the Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups. 
• Copyright and Trademarks. The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company that may be referred to on the Site are the property of the Company. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or service marks without the Company’s prior written permission, which must be obtained through a formal written request and granted in a signed document by an authorized representative of the Company. The Company aggressively enforces its intellectual property rights. Neither the name of the Company nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including, without limitation, in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission. If you believe that any content on the Site violates any intellectual property right of yours, please contact the Company at the address, email address or telephone number set forth at the bottom of these Terms of Use. 
• User Submissions. All comments, feedback, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions disclosed, submitted, or offered to the Company or included with any hashtags or photo tags provided by the Company, on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'User Content') shall be and remain the Company's property. Such disclosure, submission or offer of any User Content shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use or modifications to the submission, commercial or otherwise, of any User Content. The Company is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or (4) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Content submitted by you to the Site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in the Company’s sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that the Company may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that the Company may use your information for marketing and promotional purposes. 
• Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures that are beyond the Company's control and could not have been reasonably foreseen or prevented. 
• Third-Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use. 
• Assignment: Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder these Terms of Use at any time without our prior written consent in each instance, and any attempt to do so shall be null and void. 
• Severability: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect. 
• Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to Company shall be sent by mail to Jasmine Summer Boutique, LLC, In the case of notices Company sends to you, you consent to receive notices and other communications by Company posting notices on the Site, sending you an email at the email address listed in in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Company provides to you in accordance with the prior sentence satisfy any legal requirement that such communications under these Terms be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
• Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to Jasmine Summer Boutique, LLC. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (800) 952-5210. 
• Applicable Law and Venue. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Tennessee, U.S.A., without regard to its choice of law provisions.  To the extent permitted by law, the state and federal courts located in Minneapolis, MN, shall have exclusive jurisdiction over any action or proceedings between you and Company that are not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. You and Company (i) voluntarily and irrevocably consents and (without waiving service of process) submit to personal jurisdiction and venue of the courts located in Minneapolis, MN, that have subject matter jurisdiction, and (ii) waive all objections to venue and any claim that you or it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other form. 
• Mandatory Pre-Dispute Resolution Process. To the maximum extent permitted by law, you and Company waive the right to bring any claim directly or indirectly arising out of or relating to the Terms, Privacy Policy, or the Site (including the purchase of Company products via JasmineSummerBoutique.com) in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by UPS or FedEX (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. Company’s address for notice is: Jasmine Summer Boutique, LLC ATTN: LEGAL, 400 S. 4th St Ste 401 PMB #634556 Minneapolis, MN 55415. The written notice (“Notice of Dispute”) must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought.  (b) The Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or by a Company representative (if we are initiating the Notice of Dispute), and you must provide your full legal name. Company must send any such Notice of Dispute to you at the email address that Company has on file for you.  (c) Company and you will attempt to resolve the dispute through reasonable, good-faith consultation, cooperation, and good-faith negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties). Neither you nor Company may initiate an arbitration or small claims proceeding before the conclusion of the sixty-day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section 25 (collectively, the “Mandatory Pre-Dispute Resolution Process”). You agree that you or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Minneapolis, MN, as necessary to protect their rights pending completion of the Mandatory Pre-Dispute Resolution Process.  (d) If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in Minneapolis, MN, at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and Company engage in the Mandatory Pre-dispute Resolution Process. 
• Class Action Waiver. ANY PROCEEDINGS TO RESOLVE, ARBITRATE, OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. 
• Mediation: After compliance with the Mandatory Pre-dispute Resolution Process, you may elect to participate in a virtual/online/telephonic mediation session by making a “Non-Binding Mediation Demand” against us.  The mediator will be selected by us and paid for by us from the Rule 31 certified mediator list from the Tennessee Administrative Office of the Courts.  The mediation shall not last longer than three hours, unless the parties agree otherwise.  
• Small Claims Court. Any dispute directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of Company products via Company.com) may be brought in General Sessions Court Davidson County, Tennessee on an individual basis. If you are located out of state, we will agree that you may participate by video and/or by telephone.  Such disputes must remain in General Sessions claims court and may not be removed or appealed to a court of general jurisdiction.  The party initiating the small claims court proceeding shall submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process set forth in Section 25 to that court. The certification shall be personally signed by that party (and counsel, if represented). 
• Arbitration Agreement. You agree that any disputes directly or indirectly arising out of or relating to the Agreement (including all sections of this Agreement) or the Site (including the purchase of Company products via JasmineSummerBoutique.com) that cannot be resolved through the Mandatory Pre-Dispute Resolution Process in Section 25 shall be resolved exclusively by final and binding arbitration, and administered by National Arbitration and Mediation (“NAM”).  The arbitration shall take place in Minneapolis, MN or by virtual/telephonic hearing, at the convenience of your location.  Except as modified by this Agreement, NAM shall administer the arbitration in accordance with the Comprehensive Dispute Resolution Rules and Procedures and/or the Mass Filing Supplementary Dispute Resolution Rules and Procedures, as applicable (the “NAM Rules”). The NAM Rules and fee information are available at www.namadr.com. If NAM is unable or unwilling to administer the arbitration consistent with the terms of this Agreement, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction in Minneapolis, MN, to appoint an alternate administrator that will do so.
  The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the Mandatory Pre-Dispute Resolution Process in Section 25 and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons(including counsel) as a court would.
  
  Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiatedunder this section, except as may be required by statute. To the extent a party seeks injunctive relief, it may seek such relief from a court of competent jurisdiction in Minneapolis, MN.
  Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 29 within thirty (30) days after the date that you first agree to this Agreement by sending a letter to ATTN: Legal / Arbitration Opt-Out, Jasmine Summer Boutique, 400 S. 4th St Ste 401 PMB #634556 Minneapolis, MN 55415, that specifies: your full legal name, your email address (if applicable, the email address associated with your use of the Site), and a statement that you wish to opt out of the provisions of this Section 29 (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, this Section 29 will be void. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice. Notwithstanding anything to the contrary, this Agreement does not prevent you or Company from participating in a mass settlement of claims, including from participating in a class-action settlement.
  If Company makes any future changes to the arbitration provisions in this Section 30 (other than a change to the notice address), you may reject any such change by sending a letter within 30 days after the date of such change to ATTN: Legal / Arbitration Opt-Out, Jasmine Summer Boutique, 400 S. 4th St Ste 401 PMB #634556 Minneapolis, MN 55415, that specifies: your full legal name, your email address (if applicable, the email address associated with your use of the Site), and a statement that you wish to opt out of such change to the provisions of this Section 30(“Change Opt-Out Notice”). Once Company receives your Change Opt Out Notice, any such change to this Section 30 will be void as to you, but you will still be bound by the prior arbitration agreement that you agreed to. For clarity, please note that this is not an opt-out of arbitration altogether.
  
  The terms of the arbitration provisions contained in this Section 30 will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Company to the extent that any such claims arise out of your access to or use of the Site or the provisions of content or technology on or through the Site.
  
  BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS. 
• Procedures for Mass Arbitration Filings. (a) If your claim is one of twenty-five (25) or more similar claims intended to be asserted against Company by the same or coordinated counsel or are otherwise coordinated, consistent with the definition of Mass Filing set forth in the NAM Rules, you and we understand and agree that these procedures for mass arbitration filings will apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel will meet and confer to discuss modifications to these procedures based on the particular needs of the mass filing.
  
  Stage One. Counsel for the claimants and counsel for Company will each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of the first staged process (“Stage One”). Absent agreement of the parties, no more than five (5) Stage One cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and Company will pay the mediation fee.
  Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Company will again each select twenty-five (25) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process (“Stage Two”), subject to any procedural changes the parties agree to in writing following mediation or through continuing, good-faith discussions. Absent agreement of the parties, no more than five (5) Stage Two cases will be assigned to a single arbitrator. If there are fewer than fifty (50) claims, all will be filed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties will engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and Company will pay the mediation fee.
  
  (b) Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), either
  • Option One. You or Company may opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction in Minneapolis, MN, consistent with the terms of this Agreement. For purposes of this Option One, you may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to Company via email at privacy@JasmineSummerBoutique.com within thirty (30) days after the conclusion of the second global mediation session. For purposes of this Option One, Company may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel via email at the earliest possible time and no more than thirty (30) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines. OR
  
  • Option Two. If neither you nor Company elect to have your claim heard consistent with Option One above, then you agree that your claim will be resolved through continuing staged proceedings as set forth in this Option Two. If after the expiration of Company’s opt-out period, the number of remaining claims exceeds two hundred (200), then two hundred (200) claims will be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in arbitrations as part of a staged process. Absent agreement of the parties, no more than ten (10) cases in any set of two hundred (200) cases will be assigned to a single arbitrator. If the number of remaining claims is fewer than two hundred (200), then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until such remaining claims are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this staged process will repeat consistent to the parameters in this Option Two.
  (c) Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines will be tolled subject to these procedures for mass arbitration filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
  
  (d) You and Company agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Company acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these procedures for mass arbitration filings has been reasonably designed to result in an efficient and fair adjudication of claims.
  (e) A court of competent jurisdiction in Minneapolis, MN will have the authority to enforce these procedures for mass arbitration filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these procedures for mass arbitration filings apply to your claim, and a court of competent jurisdiction in Minneapolis, MN, determines they are not enforceable as to your claim, the mandatory arbitration provisions of this Agreement, including the procedures for mass arbitration filings, are non severable from one another and therefore your claim then must proceed in a court of competent jurisdiction in Minneapolis, MN, consistent with the terms of this Agreement. 
• Cookie Policy: Please visit our Privacy Policy https://jasminesummerboutique.com/privacy-policy.
• No Waivers: The failure by us to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision shall be effective only if in writing and signed by a duly authorized representative of Jasmine Summer Boutique, LLC. 

YOUR CONSENT TO THIS AGREEMENT 

      By accessing and using the Site, you consent to and agree to be bound by the conditions of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Site so that you will always be able to understand the terms and conditions that apply to your use of the Site and/or the User Account. Your use of the Site and/or the User Account following any amendment of these Terms will signify your assent to and acceptance of its revised terms. 

            If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:

Jasmine Summer Boutique LLC 

400 S. 4th St Ste 401 PMB #634556 

Minneapolis, MN 55415