Terms & Conditions

Last updated June 30, 2026

THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY. THEY ALSO CONTAIN AN ARBITRATION AGREEMENT YOU SHOULD REVIEW IN SECTION 23. 

OVERVIEW

This page shows the Terms & Conditions (“Terms”) under which you use www.johnnie-o.com (the “Website”). Please note that any use of this Website means that you agree to the following Terms and are legally bound by them.

Johnnie-O (collectively with our affiliates, “Johnnie-O,” “we” or “us” or “our”) offers this Website and any other site linking to these Terms (our “Services”) to visitors and customers (“you” or “your” hereinafter) subject to these Terms, our Privacy Policy[A1]  and any other applicable terms and conditions, policies and notices on the Website, such as details on shipping, returns, and other information about shopping with us (“Additional Terms”). The Additional Terms form part of these Terms. 

We reserve the right to make changes to these Terms at any time by posting updated versions of these Terms or otherwise communicating the update. You also understand and agree that any personal information we collect in connection with your use of the Website or our other offerings (our “Services”) is subject to our Privacy Policy[A2] .

DESCRIPTIONS 

We attempt to provide accurate information on the Website, but the Website or its content is accurate, complete, current, or reliable nor do we guarantee that errors of which we become aware will be corrected. All features, content, specifications, options, colors and prices, products and Services described or depicted on this Website or available as part of the Services are subject to change at any time without notice. Certain size or fit measurements and similar descriptions are approximate and are provided for convenience purposes only and may not reflect all body types or sizes. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer or device used to access the Website and browser settings and we cannot guarantee that such colors will be accurately displayed on your browser.  The inclusion of any products or Services on this Website at a particular time does not imply or warrant that those products or Services will be available at any other time or in all locations. 

ORDERS

Orders on the Website are subject to our acceptance and verification. We, or a third-party acting as our agent, may check the information you provide for validity, by verifying your method of payment and shipping address, or to address any other security concerns. We reserve the right to reject orders, or to limit quantities in any order, without giving any reason. Your offer to purchase products in an order to us is entirely subject to their availability and our acceptance of orders. Our acknowledgement of receipt of an order via e-mail or online is not a guarantee of delivery. In the event the items you have ordered are not available, you will be contacted, and an alternative or a full refund offered. If we are only able to fulfil part of your order, payment will be taken for your whole order, and a refund for the unavailable products will be offered.  We reserve the right, without prior notice and in our sole and absolute discretion, to refuse service to any visitor or customer and/or to limit access to the Website by any visitor or customer. We reserve the right to withdraw any stated offer for goods, Services or other offerings on the Website and to correct any errors, inaccuracies or omissions including after an order was placed and whether or not the order has been confirmed, paid or fulfilled to you.

YOUR PURCHASE AGREEMENT WITH US 

These Terms along with our acknowledgement of receipt of your order constitute the purchase agreement between you and us relating to the provision of products or Services you have offered to purchase by placing an order on the Website.  This agreement is only confirmed and binding on us when we have accepted your offer to purchase and have sent you an invoice or shipped the order. While we invite you to make a legal offer to purchase via your order, which is binding on you, we are not making a legal offer to provide what you ordered until we accept your offer to purchase. It is entirely at our discretion to reject or accept your offer of purchase. 

BILLING AND PAYMENT 

All prices on the Website are in U.S. dollars. Prices and availability of products and services may change due to market conditions and without notice.  We will collect and remit sales tax as required by law, for transactions on the Website.  We accept payment cards for payment through one or more third party payment processors. Payments for an order can be made using any of the payment methods shown at checkout on the Website  when the order is placed. The total amount you pay to us is the same regardless of the payment method you choose. If you pay by credit card or debit card via our designated payment processor at checkout, the total amount may appear as a charge on your card immediately as you place the order but only become a debit on your account when we have accepted your offer to purchase goods from us. If you pay via a third-party payment platform as available at checkout such as PayPal®, for example, the full amount of your order will typically be a debit on your account immediately as you place the order. If you pre-order an item, it may be charged at the time you place your pre-order. We may but are not required to offer discounts. Promotional codes must be used prior to their expiration date and within a single transaction. For more information, review specific offer details. If you place a wholesale order with us, we will address that separately in accordance with our separate terms for resellers. If you place a bulk custom or corporate order, we will address payment with you directly, but these Terms otherwise apply to your order. 

SHIPPING, CANCELLATION, EXCHANGES, RETURNS

Please see our FAQs here Johnnie-O Frequently Asked Questions for details as to these matters. The FAQ terms are Additional Terms under these Terms and form part of these Terms. Delivery dates for our products are estimated and subject to change based on the shipper’s operations and other factors we do not control. 

NO  WARRANTIES

THE PRODUCTS AND SERVICES SOLD OR OFFERED VIA THE WEBSITE ARE PROVIDED AS-IS WITHOUT ANY WARRANTY UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS. 

PROMOTIONS

We may offer discounts and other promotions from time to time. Please see the specific offer terms for details. Any gift card or gift certificate we may make available cannot be purchased using a discount code. 

ONLINE ACCOUNTS 

To the extent the Website permits you to register or create a user account, you are responsible for maintaining the strict confidentiality of your account log-in information, and you are responsible for any activity under your account, whether authorized or not. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. 

LOYALTY PROGRAM

We do not offer a loyalty program at this time but may consider doing so in the future and will be sure to share the good news when available.

GIVEAWAYS, SWEEPSTAKES, GIFTS WITH PURCHASE

These kinds of promotional offers will have their separate terms, which will control in the event of any inconsistency between their terms and the Terms here. 

JOHNNIE-O IP RIGHTS

JOHNNIE-O®, TWEENER BUTTON®, and the other logos, trademarks, service marks and trade dress on the Website are trademarks owned by Johnnie-O and their respective third-party owners.  We own all rights and interests in the Website as a collective copyrighted work and compilation protected under the copyright laws of the United States and other countries. All materials provided on the Website, including but not limited to information, documents, products, product images, logos, graphics, interfaces, code, sounds, images, compilations, content, the selection and arrangement thereof and Services on Website (“Materials” or “Content”), are property of either Johnnie-O or our licensors and suppliers. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Johnnie-O.  Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Johnnie-O’s prior express written permission. If you have any questions or requests, use “Contact Us” in Section 25 below. 

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer/device. You agree to accept responsibility for all activities that occur under your account if you create an account with us.

WEBSITE ACCESS RIGHTS AND RESTRICTIONS 

Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Website and Services solely for your personal, individual non-commercial purposes. You are prohibited to and shall not: (a)  copy the Website or its contents; (b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or its software code or content; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any source code of the Website or systems hosting the Website;  (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy of any part of the Website or Materials on the Website; or (e)  remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Website or Materials. You do not acquire any ownership interest in the Website or Services under these Terms, or any other rights other than to use the Website and Services subject to these Terms. All other rights are reserved to Johnnie-O and our licensors. 

If you desire to use our intellectual property, including trademarks and product images for a commercial purpose, or link to the Website for commercial purposes, please use the “Legal Contact Information” below. These Terms to not grant any rights in such regard.

TERMINATION

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. Offerings of products and Services are subject to change and discontinuance at any time without prior notice. 

LINKS TO THIRD-PARTY SITES

The Website may contain links or have references to websites controlled by parties other than Johnnie-O for information or convenience. Johnnie-O is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. The inclusion of any link does not imply endorsement by Johnnie-O of the linked website and/or the content and materials found at the linked website, except as specifically and expressly stated otherwise by Johnnie-O. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. Please also review the terms of any other website, which we do not control and which are determined by the site operator.

YOUR SUBMISSIONS TO US

We are glad to hear from you but all comments, feedback, information and data submitted to us in any manner regarding our products and Services, whether on the Website (“Submissions”) shall be considered non-confidential and Johnnie-O’s property that we and our designees may use or not use Submissions in our discretion. Please do not submit photos, images, or videos to us unless you made or took them. Please don’t submit any content created using an artificial intelligence tool to us. We do not claim to own any third-party owned materials or information you do not have a right to provide to us. Any Submission to us is accompanied by your representation and warranty that it us provided by you in compliance with applicable laws and we are free to use in on a non-exclusive, worldwide, irrevocable basis and you will defend, indemnify and hold us harmless in the even this representation and warranty is inaccurate in any way or results in a third-party claim against us, including for intellectual property infringement or violation of privacy or publicity rights.

Hopefully, it also goes without saying (but we will say it just case), your Submission should be or contain anything that is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, obscene, pornographic or otherwise sexually explicit; or that otherwise harms or can reasonably be expected to harm any person or entity. We reserve the right, but disclaim any obligation or responsibility, to (i) refuse to accept, post or communicate, and take down, any Submission that violates these Terms and (ii) and provide details about the submitter to law enforcement or pursuant to a court order or subpoena if required or in defense of Johnnie-O, its customers, visitors, personnel and others, the Services, the Terms, and reserve all other legal remedies available to us. Moreover, we retain all rights to remove any public Submissions at any time for any reason or no reason whatsoever.

Neither the “JOHNNIE-O IP RIGHTS” and “YOUR SUBMISSIONS TO US” sections above, nor any other portion of these Terms is intended to limit your ability to refer to us, our products, Services, trademarks or our other properties for lawful, non-commercial consumer speech, such as honest reviews or complaints. For further clarity, no part of these Terms waives or limits any consumer rights under California Civil Code 1670.8, and consumers retain their right to make public statements (whether positive or negative) regarding their experiences with us or our offerings.

CHILDREN

We love kids, and kids’ apparel, but our business is for their parents and guardians. Our Services and the Website are for adults 18 or older (if the age of majority is higher in your jurisdiction). 

LIMITATIONS OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JOHNNIE-O EXCEED $1,000.00. IN NO EVENT SHALL JOHNNIE-O, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM OR RELATED TO ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH, MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF WARRANTIES

OUR PRODUCTS, THE WEBSITE, SERVICES AND MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS". JOHNNIE-O, ITS AFFILIATES, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

NOR DO SUCH PARTIES GUARANTEE THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, ERROR-FREE OR THAT YOUR ACCESS WILL BE UNINTERRUPTED, OR THAT SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

YOU ACKNOWLEDGE THAT NEITHER JOHNNIE-O NOR ITS SERVICE PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. JOHNNIE-OIS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 

YOU USE ANY LINKED THIRD-PARTY SITES OR MATERIALS AT YOUR OWN RISK. 

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Johnnie-O controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

NOTICES TO YOU

Johnnie-O may give notice by means of a general notice on the Website, via your account, via electronic mail to your e-mail address on record with Johnnie-O, by mail to your address in its records, or otherwise.

TEXTING PROGRAM 

You may optionally sign up to receive texts with announcements, promotions, and other information from Johnnie-O or related to use of the Services from Johnnie-O (the “Texting Program”). The Texting Program allows users to receive mobile messages if they affirmatively opt into the Texting Program. Regardless of the opt-in method you utilized to join the Texting Program, you agree that the terms in this Section apply to your participation in the Texting Program. By participating in the Texting Program, you agree to receive recurring autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Johnnie-O. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our text messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

If you are not signed up for the Texting Program, you may opt in to receive text messages from[A3]  Johnnie-O by submitting an online form using the form here.

If you do not wish to continue participating in the Texting Program or no longer agree to the terms in this Section, you agree to reply “STOP” to any mobile message from us in order to opt out of the Texting Program. You may receive an additional mobile message confirming your decision to opt out. Alternatively, you may opt out of the Texting Program by sending an email to wingman@johnnie-o.com. You understand and agree that the forgoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above is not a reasonable means of opting out.

If at any time you intend to stop using the mobile telephone number used to subscribe to the Texting Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will notify wingman@johnnie-o.com or text STOP to halt text messages to that phone number and opt in to receiving texts to your new mobile phone number as applicable. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the messages we send, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number. This duty and agreement will survive your ceasing use of the Services.

Without limiting the scope of the Texting Program, users that opt into the Texting Program can expect to receive messages concerning our Services, your relationship with us, including, but not limited to, messages concerning Competitions, product advertisements, and promotions of any kind.

Message and data rates may apply. The Texting Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. You may receive multiple text messages daily. The Texting Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

The Texting Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your carrier. We will not be liable for any delays or failures in the receipt of any messages connected with the Texting Program. Delivery of messages is subject to effective transmission from your service provider/network operator, and is outside our control. 

ARBITRATION AGREEMENT 

Throughout this Arbitration Agreement, we the Website operator are referred to as “we” and “us,” and all Website visitors and customers or users of our Services are referred to as “you.” 

1. Dispute Resolution by Arbitration; Limited Exception: Any and all claims, controversies, or disputes arising out of, or related in any way to use of our Services (referred to in this Section 23 as the “Transaction”) shall be subject to binding arbitration pursuant to the Federal Arbitration Act. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-6. This Arbitration Agreement applies to, without limitation, (1) all issues concerning the Transaction in connection with which this Arbitration Agreement applies; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; constitution, common law, or statute; (3) any issue as to whether any such claims, controversies, or disputes related to or arising out of the Transaction, which are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions.  (All of these matters are referred to as “Claims.”)  This means that all Claims, controversies or disputes that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement.  THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
   
   Exception: Notwithstanding our decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement.
    
2. Consent to Arbitration; Scope: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes.  You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration.  In arbitration, you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:
    
   1. WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;
   2. WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND
   3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.
       
3. Opt-Out Right:  You may elect to opt out of this Arbitration Agreement by sending or delivering written notice to the address below and advising that you wish to opt out of this Arbitration Agreement.   
   Johnnie-O Inc., 2710 Wycliff Road, Suite 130, Raleigh, NC 27607
    

4. Procedure for Arbitration: Arbitration may be heard, at the claimant’s election, by:

   • The American Arbitration Association: https://www.adr.org – (877) 495-4185– casefiling@adr.org
   • or, any other arbitration forum as you and we may agree. 

   You may initiate an arbitration by contacting the arbitration forum of your choice at the contact points provided above.  If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.

   1. The arbitration shall be conducted by a single neutral, qualified and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law.  The Arbitration shall take place in a location determined by the arbitrator in the federal district of your residence.
   2. If you file for arbitration under this Arbitration Agreement, the only fee you may be required to pay is $225, which is approximately equivalent to current court filing fees. We will bear all other arbitration fees, except for your attorneys’ fees and costs. If we file for arbitration under this Arbitration Agreement, we will be required to pay all fees associated with the arbitration, except for your attorneys’ fees and costs. However, if circumstances relating to the dispute (including, among other things, the size and nature of the dispute, the nature of the services that we have provided you, and your ability to pay) would be unfair or burdensome for you to pay the arbitration filing fees, we will advance the initial filing, administration, and hearing fees required by the arbitrator, who will ultimately decide who will be responsible for paying those amounts.
   3. You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law. Because arbitration is a final, legally binding process that may impact your legal rights, you may want to consider consulting an attorney. Each party, you and we, shall bear our own costs and expenses, including attorneys’ fees, which we incur with respect to the arbitration.
   4. The Arbitrator shall allow for the discovery or exchange of non-privileged information relevant to the dispute, under the Arbitrator’s supervision, prior to the arbitration hearing or submission of written presentations.
   5. The Arbitrator may hold hearings in person or by conference call, and hearings generally will not exceed one day. If you or we show good cause, the arbitrator may schedule additional hearings within seven calendar days after the initial hearing.  Arbitrations may also be decided upon written presentations, unless the amount of relief requested exceeds $25,000. The Arbitrator may consider dispositive motions, but shall generally hold a conference call among all the parties prior to permitting any written motion.
   6. In addition to the requirements set forth in the arbitration forum’s rules, you agree that upon initiating an arbitration, you will provide us with your name, transaction date, mailing address, telephone number, email address, a factual description of every disputed transaction for which you seek compensation (date, amount, and transaction type) and/or event (date, location, and individuals involved), explanation of the basis of your Claim, and itemized calculation of all alleged damages, and, if represented by counsel, a signed statement authorizing us to share information regarding your transaction and the Claim with them. You agree and understand that failure to provide this information will result in dismissal of your Claim, though you have the right to refile once you provide the information described in the previous sentence.
       
5. Interpretation of this Arbitration Agreement: Any dispute as to the arbitrability of a claim shall be decided by the arbitrator.  Any dispute as to the validity of the portion of this agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.
    
6. Statutes of Limitations: All statutes of limitations that are applicable to any claim or dispute shall apply to any arbitration between you and us.
    
7. Attorneys’ Fees:  The arbitrator may, but is not required to, award reasonable expenses and attorneys’ fees to the prevailing party if allowed by statute or applicable law and by the rules of the arbitration forum.
    
8. Awards:  The Arbitrator shall issue the award in accordance with the rules of the arbitration forum.  Unless you and we agree otherwise, the award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents.  The arbitrator may grant any remedy, relief or outcome that you or we could have received in court.
    
9. Enforcement of Award: The award of the arbitrator shall be binding and final after fifteen (15) days have passed, and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.
    
10. Appeal Procedure:  Within fifteen (15) days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. The decision of the panel of three neutral arbitrators will be immediately binding and final.
     
11. Small Claims Court: Notwithstanding any other provision of this Arbitration Agreement, either you or we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction. Any matter not within the Small Claims Court’s jurisdiction shall be resolved by arbitration as provided above.  Any appeal from a Small Claims Court judgment shall be conducted, at the appellant’s option, either (a) in accordance with the provisions of Sections 116.710-116.795 of the California Code of Civil Procedure or other state corollary, or (b) in accordance with Section 23(j) of this Arbitration Agreement.
     
12. Group Arbitration: If you join with others to pursue or threaten Claims against us involving common issues of law and/or fact (“Common Issues”), that situation is referred to as “Group Arbitration” and all participants are referred to as “Claimants.”  In that situation, individual arbitrations may become impractical or unduly costly. The Group Arbitration provisions of this paragraph are designed to address this problem. The Group Arbitration provisions govern in the event of any conflict with the other provisions of this Arbitration Agreement but do not override the requirements of Section 23(d) of this Arbitration Agreement.
    1. Procedure:
       1. Any group of 25-250 Claimants may form a “Qualifying Group” to participate jointly in a Group Arbitration, provided that no Claimant who is already a member of a Qualifying Group may join a different Qualifying Group. Also, we may designate a Qualifying Group of 25-250 such Claimants, provided that no Claimant who is already a member of a Qualifying Group may be included in a different Qualifying Group. The Qualifying Group for a Group Arbitration shall be deemed to be formed upon delivery of notice from such Qualifying Group to us or from us to the members of such Qualifying Group or their counsel or record (a “Group Arbitration Notice”). All rights and duties of a Qualifying Group under this Clause will be exercised or performed by a majority of the members of the Qualifying Group (a “Group Majority”) or a Qualifying Group representative appointed by a Group Majority (a “Group Agent”).
       2. In the event a new Claimant asserts a Claim that involves a Common Issue that is being addressed in an existing Group Arbitration, any one of (a) we, (b) a Group Majority, or (c) a Group Agent may require the new Claimant to participate in the existing Group Arbitration, so long as the Claimants in such Group Arbitration will remain a Qualifying Group.
       3. Different Qualifying Groups may bring separate Group Arbitrations to resolve the same or different Common Issues (for example, if there are more than 250 Claimants with Common Issues) but no Claimant may participate in an arbitration of the same Common Issue in more than one Qualifying Group. A different arbitrator must be appointed for each Group Arbitration of the same Common Issues, and no single arbitrator may hear more than one Group Arbitration of the same Common Issues at a time. The Parties will coordinate to form the smallest number of Qualifying Groups, with as close to the same number of Claimants in each such Qualifying Group. Claims on a class basis or Claims for public injunctions may not be heard or decided in Group Arbitrations. Instead, Claims for public injunction shall be heard in court.
       4. Upon formation of a Qualifying Group, all Common Issues affecting such Qualifying Group shall be resolved by Group Arbitration under this Clause. Before commencement of a Group Arbitration for such Qualifying Group, the arbitration forum shall be consulted about the fees and charges (or fee schedule) it will impose for such Group Arbitration, including arbitration service charges. After receiving final fee and charge information from the arbitration forum (or if the arbitration forum does not provide the requested fee and charge information within thirty (30) days), either we or the Qualifying Group may elect for the Group Arbitration to be conducted without assistance of the arbitration forum, in accordance with the provisions set forth in subparagraph (d), below.
       5. You agree that before an arbitrator designed to determine the merits of your claim, a “Process Arbitrator” will be appointed. The Process Arbitrator will have the authority to ensure that the applicable mass arbitration procedures and the rules of the arbitration forum are followed. The Process Arbitrator will be selected by the process set forth in the applicable rules pertaining to Group Arbitration of the arbitration forum.  Each party will receive a list of proposed Process Arbitrators provided by the arbitration forum and will meet and confer to identify a mutually agreeable candidate. If the Parties cannot agree, they will submit their preferences to the arbitration forum, and the arbitration forum will select a Process Arbitrator.
       6. In addition to the authority outlined in the applicable rules pertaining to Group Arbitration of the arbitration forum, you and we agree that the Process Arbitrator shall be empowered to resolve any dispute regarding whether any Claim should be dismissed because, for example, you failed to comply with the Group Arbitration filing requirements, any other requirements outlined in this Arbitration Agreement, or any other reason. You agree that if the Process Arbitrator finds you failed to comply with any requirements, your claim will be dismissed, without prejudice to refiling once the deficiencies are remedied. The Process Arbitrator will also have the power to decide whether, based on the information submitted in the respective mass arbitration filing requirements, other threshold eligibility issues for your case to proceed, including but not limited to whether you had a loan with us, experienced the transaction, fee, or event at issue, or otherwise cannot pursue the claim due to a clear legal or factual deficiency, and must dismiss your claim as appropriate. The Process Arbitrator shall have the power to determine whether or not a given dispute regarding whether these Group Arbitration filing requirements and\or Procedures are within their jurisdiction. The Process Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U. S. C.§ 1927, or any other applicable state law.
           
    2. Cost of Group Arbitration: In a Group Arbitration, fees and charges of the arbitration forum will be shared by us and the Qualified Group as determined by the arbitration administrator or the arbitrator conducting the Group Arbitration (giving due regard to any compromise offers made before or during the Group Arbitration, the ultimate award and any post-offer fees and charges), provided that the Qualified Group will never bear more than 50% of such fees and charges in the aggregate or fees and charges that would render this Clause unenforceable or inconsistent with applicable law, and provided, further, that the arbitrator may in the arbitrator’s discretion direct us to bear any proportion of such fees and charges (up to 100%). 
        

    3. Claims That Cannot Be Resolved in Group Arbitration: After a Group Arbitration, any Claim that cannot be resolved in the Group Arbitration will be subject to this Clause. Before initiating a lawsuit or arbitration with respect to such Claim, the Claimant must give us a new Claim Notice and right to resolve such Claim, as described in Section 23(d) of this Arbitration Agreement. 

       Any dispute regarding the interpretation or enforcement of these mass arbitration procedures shall be decided by the Process Arbitrator or, in cases that have been assigned to an arbitrator, the Arbitrator. Their decisions regarding the Group Arbitration process and procedure shall be considered interlocutory in nature and not subject to immediate judicial review. If any terms of these Group Arbitration procedures are found to be legally unenforceable for any reason, then the proceeding shall otherwise continue in arbitration in accordance with the arbitration forum’s rules applicable to group arbitration.
        

    4. Group Arbitration to be Conducted Without a Process Arbitrator or an Arbitration Forum:
       1. If we and the Qualifying Group do not reach agreement upon an arbitration forum within 30 days after the date of the notice referenced above, we or a Group Majority may petition a court with jurisdiction for appointment of an arbitrator. The court shall give due regard to the qualifications of the arbitrator and the fees charged by the arbitrator. Arbitrator fees exceeding the fees paid by the leading nationwide arbitration fora in their consumer arbitrations are disfavored. A court-appointed arbitrator must be an attorney with at least ten years of experience or a retired federal or state judge unless we and the Qualifying Group otherwise agree.
       2. Once an arbitrator has been selected and retained, such arbitrator will commence and conduct the Group Arbitration in accordance with this Arbitration Agreement and such additional procedures as the arbitrator shall adopt, giving due regard to the rules of the leading nationwide arbitration fora that would apply in an arbitration administered by them.
           
    5. Confidentiality: You and we agree to keep confidential all aspects of the arbitration, any confidential information produced in the arbitration and any arbitration award or decision. However, either party may disclose such information to the extent needed to pursue the arbitration, to appeal or confirm any award or to obtain professional services in connection with the arbitration. At either party’s request, the arbitrator shall enter an order protecting confidential information.
       1. Amendment of Section 23: We may waive any rights or amend this Section 23 (the Arbitration Agreement) at any time without your consent, solely to give you more rights and/or less duties. Any other change to this Arbitration Agreement needs your consent.

ADDITIONAL TERMS

This Agreement represents the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Johnnie-O reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of this Agreement is held to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Johnnie-O and you as a result of these Terms or use of the Website. You may not assign this Agreement without the prior written approval of Johnnie-O. Any purported assignment in violation of this section shall be void. Johnnie-O reserves the right to use third-party providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by Johnnie-O.

CONTACT US

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