ACCEPTANCE OF TERMS AND CONDITIONS
THIS STATEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS CAREFULLY.
PLEASE NOTE THAT BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT: (I) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JOHN V. SCHULTZ COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, BY APPLICABLE LAW.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when posted and will apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Although you may bypass this Agreement, your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Merchandise Delivery: All balances must be paid for, or finance approved, prior to scheduling delivery. Our delivery department will confirm your delivery one day prior to the scheduled date. You will be given a 3-hour window if you are scheduled Tuesday through Friday. Saturday appointments require all-day availability. Special time requests for delivery cannot be honored. Canceling/rescheduling delivery within 3 business days of the scheduled date will result in a $50.00 handling fee. Delivery is a non-refundable service. The scheduled delivery date of the merchandise is an estimate only and shall not constitute any guarantee of timing of delivery. Time is NOT of the essence. John V Schultz Furniture shall not be responsible for any damages resulting from delays in delivery due to purchaser. Not-at-homes or no-fit orders will be charged a redelivery fee. Delivery includes one-year in-home service, including parts and labor, against manufacturer’s defects. Any warranty claims, including wood damage and missing parts, must be reported within 3 days after delivery. Merchandise returned under our 3-day Return Policy will be charged a 15% return/reselection fee and a delivery charge. Return policy is not applicable to special orders, clearance and floor sample merchandise, bedding, accessories, lift chairs, and adjustable bedframes. Have your room delivery ready. Our insurance does not permit our drivers to move your furniture or electronics.
Customer Pick-Up: All pickups must be paid in full before a pickup date can be scheduled. See the store for pick up hours. All merchandise must be picked up on the assigned day or it is subject to be returned to our corporate distribution center. Customer assembly is required on most merchandise. ID is required along with this receipt for pick up. Merchandise will only be given to the person named on the receipt unless otherwise noted on the original sales order. We will assume no loading liability for your merchandise upon departure from John V Schultz Furniture. Our dock personnel are not permitted to tie merchandise onto your vehicle due to our insurance restrictions. In the event that service or exchange is needed, the customer is responsible for transportation of the merchandise back to the pickup location. Service or exchange is at the discretion of John V Schultz Furniture. Merchandise returned under the John V Schultz Furniture Return Policy must be returned in original condition and carton within 3 days after pickup. All returns will be charged a 15% return fee.
Special Orders: Special Orders are not subject to cancellation. A 30% deposit is required and is not refundable. Verify the Style and Color of your merchandise on your Sales Order. John V Schultz Furniture is not responsible for any fabric and/or cutting delays from the manufacturers. Delivery must be scheduled within 30 days of arrival into our Distribution Center. When changing fabric, understand that the feel, texture, and seating may be affected and may not be identical to the floor sample. If the merchandise does not fit during delivery, it cannot be canceled or refused. Verify that it will fit prior to placing the order. If Special Order merchandise arrives with manufacturer defect(s), John V Schultz Furniture will repair any such defect for a period of 1 year from delivery date. No exchanges.
Floor Sample Merchandise: You have taken advantage of fantastic prices on scratch-and-dent, one-of-a-kind, discontinued, and Close-out merchandise. All merchandise must be picked up within 48 hours. All scratch-and-dent, one-of-a-kind, discontinued, and Close-out merchandise sales are final with no refunds. All such merchandise is sold "As-Is" with no warranties, service, returns, or exchanges.
Layaway: Layaway is for a maximum of 6 months and requires a 25% down payment and monthly payments. Orders will be cancelled for non-payment after 60 days. Layaways are price holds only. Merchandise is not held at the warehouse. If the merchandise you placed on layaway becomes discontinued, your salesperson will notify you and you pay for the order in full and schedule to have delivered within 30 days. Floor samples, clearance, Close-out, and Special Orders are not eligible for layaway.
John V Schultz Furniture Return/Repair Policy: Our stocked merchandise may be returned within 3 days of pick-up or delivery with a 15% restocking/return fee and a one-time reselection will be offered. Delivery is a service, and your original delivery fee is non-refundable. A pick-up/redelivery fee will be applied to all returns and reselection. Accessories are not returnable. John V Schultz Furniture will repair any manufacturer defect for a period of 1 year from delivery date. If you choose to return merchandise that was delivered, it will be picked up on the next available Tuesday through Friday delivery date. Saturday delivery is not available on returns. If you choose to return merchandise that you picked up, it must be returned to any John V Schultz Furniture Store or Distribution Center within 3 days after your original pick-up date. This is the sole remedy offered for defects in the purchased merchandise and is in lieu of any warranty, whether express, implied, or statutory, including any warranty of merchantability or fitness for a particular purpose, both of which are hereby expressly disclaimed. Exclusions: Option to repair/return merchandise is not available for Special Orders, Close-outs, Clearance/John V Schultz Outlet, Floor Samples, Lift Chairs, soiled/stained merchandise or with evidence of pet hair, adjustable bedframes, box springs, mattresses, mattress protectors, pillows, and bedding.
Bedding Purchase: Please make sure that your mattress remains stain free. Regardless of the size and/or what it consists of, a stain will void any manufacturer’s warranty. Expect some time to get used to the feel of your new sleep set. Our bodies need time to adjust to a new sleep surface. Body impression on the surface of a mattress is normal. The mattress is only considered defective if these impressions meet or exceed 1-1/2” in depth on an innerspring or latex mattress and 3/4” on a Memory Foam mattress when used with a proper foundation. Use of a queen or a king frame without a center support will nullify your warranty. New mattress sets may have a temporary odor. Your mattress is brand new, often manufactured within days of your delivery. Please know this odor will dissipate quickly after being removed from the plastic.
Comfort Guarentee on Bedding Purchases: To ensure your satisfaction with your bedding purchase from John V Schultz Furniture, we are proud to offer comfort guarantee on your new premium bedding when you purchase a premium mattress protector and a pillow. Because it takes the body time to adjust to a new sleeping surface, a minimum number of nights is necessary to properly adjust to the new sleep set. If you are not satisfied with your bedding selection after a minimum number of nights from the date of delivery, we gladly offer to exchange the mattress. This is a one-time courtesy exchange. All mattresses must be in original and sanitary condition. We always offer our sale price for satisfaction exchanges. All satisfaction exchanges are considered Special Orders; no further return or exchange privileges are available, and exchange must be for merchandise of equal or greater value. Satisfaction exchange deliveries are done Tuesday through Friday. A delivery charge and a return/handling fee apply. See below for specific minimum nights and fees applicable to comfort guarantee based on manufacturer and mattress type. Exclusions: Comfort guarantees are not offered on Special Orders, adjustable bedframes, box springs or reselects.
Customer Claims/Disputes: The purchaser agrees to John V Schultz Furniture terms and conditions requiring binding arbitration for the resolution of all customer claims and/or disputes (provided separately at time of purchase and available at www.johnvschultz.com).
Refunds: Refunds will be issued in the form of the original payment. If a payment was made by cash or check, a refund check will be mailed from our Corporate Office within 15 business days after cancellation. Purchases made by credit card will be refunded back to the credit card charged, financed purchases are refunded to the financing company.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit (log off) from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any if, in our opinion, you have violated any provision of these Terms and Conditions.
OWNERSHIP, COPYRIGHT AND TRADEMARK RIGHTS
This Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned and operated by a third-party provider under contract with John V Schultz Furniture. The licensors or other providers of such material are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The domain name, trademarks, trade names, copyright and other intellectual property of johnvschultz.com are owned by John V Schultz Furniture.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:
You must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by John V Schultz Furniture. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
John V Schultz Furniture expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. The John V Schultz Furniture name, the terms JOHN V SCHULTZ FURNITURE, JOHN V SCHULTZ MATTRESS, JOHN V SCHULTZ'S, JVS Funiture, JVS Mattress, John V, the John V Schultz Furniture logo and all related names, logos, product and service names, designs and slogans are trademarks of John V Schultz Furniture. You must not use such marks without the prior written permission of John V Schultz Furniture. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
USE OF THE WEBSITE
This Website and all its contents are intended solely for personal, non-commercial use. You may use this Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
Additionally, you agree not to:
Without limiting the foregoing, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between John V Schultz Furniture and you will not take place unless and until you have received your order confirmation e-mail. Please be aware that all sizes quoted are approximate.
PRICING AND PAYMENT TERMS
(a) All prices posted on this Website 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 and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. John V Schultz Furniture offers limited-time sales values, special buys and items from time-to-time. John V Schultz Furniture endeavors to provide current and accurate information on the Website regarding all sales. However, due to competitive market pressures, prices are subject to change and misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We are not responsible for any of these pricing, typographical or other errors in any offer by us and we reserve the right to: correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; reject, correct, cancel or terminate any order, including accepted orders for any reason; and limit quantities available for sale or sold.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept:
For all purchases; You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If using a John V Schultz Furniture Credit Card, please refer to your Credit Card Account Holder Application and Agreement for details relating to such use.
Some restrictions and conditions apply to all offers. Please call (844) 600-1795 for complete details or visit any location of John V Schultz Furniture.
SHIPMENTS; DELIVERY; RETURNS AND EXCHANGES
We will arrange for shipment of the products to you. All balances must be paid for, or financing approved prior to scheduling delivery. You will be responsible for paying all shipping and handling charges specified during the ordering process.
COLOR OF PRODUCTS
We have made every effort to display as accurately as possible the colors of products that appear on this Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Additional terms may apply to purchases of products and services offered on this Website. Please refer to your sales contract at the time of purchase.
DISCLAIMER OF WARRANTIES
Except as explicitly provided in the foregoing paragraphs, John V Schultz Furniture makes no representations or warranty whatsoever with respect to the website and/or any goods or materials provided therein, all of which are provided on an “as is” and “as available” basis, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. Neither lJohn V Schultz Furniture nor any person associated with John V Schultz Furniture makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither John V Schultz Furniture nor anyone associated with John V Schultz Furniture represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
LIMITATIONS OF LIABILITY
In no event will John V Schultz Furniture, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the City of Pittsburgh, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of by John V Schultz Furniture of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of John V Schultz Furniture to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
CLAIM/DISPUTE RESOLUTION TERMS AND CONDITIONS
PLEASE READ THIS CAREFULLY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU HEREBY WAIVE YOUR RIGHT TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited.
1. Agreement to Binding Arbitration; Class Action Waiver
Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and John V Schultz Furniture, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (hereinafter "John V Schultz Furniture") arising from or relating in any way to: (1) these Claim/Dispute Resolution Terms and Conditions and/or the John V Schultz Furniture Purchase Terms and Conditions; (2) their interpretation or the breach, termination, or validity thereof, and the relationships which result from them; (3) your use of any website owned or operated by John V Schultz Furniture and its affiliated brands; or (4) any products or services sold or distributed by John V Schultz Furniture and its affiliated brands or through any website owned or operated by John V Schultz Furniture and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.
2. Mandatory Informal Dispute Resolution
John V Schultz Furniture values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to John V Schultz Furniture by email at firstname.lastname@example.org or by certified U.S. Mail to 301 Fitz Henry Road Smithton, PA 15479. If John V Schultz Furniture has a dispute with you, John V Schultz Furniture agrees to first send a detailed Notice to your e-mail or mailing address on file with us. Your Notice must contain all of the following information: (i) your full name; (ii) your address, telephone number, and email address; (iii) information sufficient for John V Schultz Furniture to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (iv) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. John V Schultz Furniture's Notice will likewise set forth (i) information sufficient for you to identify any transaction at issue and (ii) a detailed description of our dispute, the nature and basis of our claim(s), and the nature, basis, and calculation of the relief sought. You and John V Schultz Furniture agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should John V Schultz Furniture request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This informal process should result in resolution of the dispute, but if the dispute is not resolved within sixty (60) days after receipt of a valid Notice and the parties have not agreed to extend this time period, you or John V Schultz Furniture may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or John V Schultz Furniture. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
3. Arbitration Rules and Authority
Any arbitration between you and John V Schultz Furniture shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") in effect at the time any demand for arbitration is filed with AAA. If the AAA is unavailable or unwilling to administer the arbitration, the parties shall mutually agree on an alternative administrator that will administer the proceeding. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator. Any arbitration will be held before a single neutral arbitrator.
The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow these Claim/Dispute Resolution Terms and Conditions as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and John V Schultz Furniture and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the AAA Rules or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person at a mutually agreed-upon location. LJohn V Schultz Furniture reserves the right to request an in-person or video conference hearing at any point within thirty (30) days after its deadline to file any answer. After that time, John V Schultz Furniture retains the right to request an in-person or virtual hearing, which the arbitrator may elect to require along with your participation (with your counsel if you are represented).
4. Initiating Arbitration
To begin an arbitration proceeding, you must send to AAA the arbitration notice made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and a certification of compliance with the informal resolution process described in Section 2 above (collectively referred to as the “Demand for Arbitration”). You must personally sign your Demand for Arbitration and send John V Schultz Furniture a copy by email to email@example.com or by certified U.S. Mail to 301 Fitz Henry Road Smithton PA 15479. If John V Schultz Furniture initiates arbitration, we will send a copy of our Demand for Arbitration to your email or U.S. Mail address on file with us.
5. Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Upon a showing of financial hardship, John V Schultz Furniture will consider your request to promptly reimburse your portion of the arbitration fees provided for in the AAA Rules.
6. Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or John V Schultz Furniture may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or John V Schultz Furniture may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7. Jury Trial and Class Action Waiver
EXCEPT AS THESE TERMS AND CONDITIONS OTHERWISE PROVIDE AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JOHN V SCHULTZ FURNITURE ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and John V Schultz Furniture may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis and may each bring claims against the other only in their individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.
8. Governing Law
You and John V Schultz Furniture agree that any claim between the parties involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the Commonwealth of Pennsylvania apply. Should any action proceed in court (other than in small claims court pursuant to Section 6 above), you consent to the exclusive jurisdiction of the federal and state courts of the Commonwealth of Pennsylvania.