Terms & Conditions of Use for joann.com®
Thank you for visiting joann.com®. We encourage you to spend some time on our website and fulfill your creative needs.
Please review the following Terms and Conditions of Use (the "Terms") carefully before using joann.com® and before purchasing products or services (the "Product"), or obtaining content from our website. These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Please carefully review the Dispute resolution and related sections below.
Our website is provided to you, the user, by joann.com® LLC, which is a wholly owned subsidiary of Jo-Ann Stores, LLC, doing business as JOANN. Whenever we use the words "we," "our," "JOANN," "us," or "Company," we are referring to Jo-Ann Stores, LLC and its parents, subsidiaries, and affiliates, including, without limitation, joann.com® LLC. Whenever we use the word "website," we are referring to our website, www.joann.com.
These Terms are divided into the following sections:
- Agreement to Terms and Conditions of Use
- Dispute Resolution
- Governing Law and Venue
- Changes to the Terms
- Users Must Be Legal Age of Majority
- Compliance with Laws
- Not Responsible for Errors
- Intellectual Property
- Discontinued Product
- Disclaimer of Warranties
- Other Websites
- JOANN'S Use of Information Provided by the User
- Use of Tools Sold on our website
- Gift Cards
- Information and Press Releases
- Copyright and Copyright Agent – Copyright Infringement Notification
- Changes to our website
- Return Policy
- SMS Text Messages/JOANN Alerts
- Custom Fabric and other Custom Products / Weave Up
2. Agreement to Terms and Conditions of Use
These Terms apply to your use of our website. These Terms also apply to your purchase of Product sold on our website. By using our website, accessing information on our website, ordering Product or accepting delivery of Product, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between JOANN and you regarding your use of our website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website, or your purchase of Product, are specifically disclaimed and superseded by these Terms. Parents, guardians and other legal representatives agree to these Terms on behalf of their minor children who use the website.
If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website. Your continued use of our website means that you have agreed to the Terms. You cannot use our website, and at the same time object to these Terms. Your use of our website is at your sole risk.
Your use of JOANN's application ("App") on smartphones, tablets, and other devices is also covered by these Terms. Any reference to "website" also includes the App, as applicable.
By signing up for JOANN's App, you consent to receive "push" notifications from JOANN. Message and data rates may apply to these notifications. If you do not want to receive these notifications, then you must stop using the App and un-install the App from your device.
3. Dispute Resolution
Our Customer Care team is ready to assist you and address your concerns via phone or text from 9a-6p EST at 330-735-6576 or by email at firstname.lastname@example.org at any time.
For purposes of this Section 3 (Dispute Resolution), "JOANN," shall include its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR JOANN WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and JOANN have a Dispute (defined below) and our customer care team is unable to resolve the concern, you and JOANN agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include the initiating party's name and contact information (address, telephone number, and email address), sufficient information to enable the other party to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice shall be sent by email to: email@example.com or by mail to: Jo-Ann Stores, LLC Attn: Legal, 5555 Darrow Road, Hudson, OH 44236. You must personally sign the Notice. JOANN's Notice shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or JOANN may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If we are unable to resolve the Dispute through the mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, or disputes between you and JOANN will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and JOANN, your access or use of our Website (including claims relating to our advertisements and disclosures, email and mobile SMS/text messages sent by JOANN, or JOANN’s collection or use of your information) or any Products offered by or purchased from JOANN through our Website or stores, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights (further detailed below). This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH JOANN IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party's individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
We agree that the arbitration will be administered by the American Arbitration Association ("AAA"), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court that will administer arbitrations consistent with this Dispute Resolution section.) To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or JOANN must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Dispute Resolution Section and completed the information dispute resolution process referenced above to: Jo-Ann Stores, LLC Attn: Legal, 5555 Darrow Road, Hudson, OH 44236 or to the most recent address we have on file for you, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration.
The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. You and a JOANN representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. Notwithstanding anything to the contrary, JOANN will pay all fees and costs that we are required by law to pay.
AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive 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 may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 3 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against JOANN by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for JOANN shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and JOANN shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and JOANN shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, JOANN agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against JOANN. Should a court of competent jurisdiction decline to enforce these "Special Additional Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
If JOANN makes any future change to the arbitration provisions of this Section 3 (Dispute Resolution) (other than a change to the notice email/address), you may reject any such change by sending JOANN a personally signed, written notice of your decision to opt out of those changes via email to firstname.lastname@example.org. This notice must be sent within thirty (30) days of the change and include: (i) your full name; (ii) your mailing address; (iii) your phone number; (iv) if applicable, the email address associated with any account; and (v) when and how you interacted with JOANN. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provision. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
Notwithstanding the foregoing, if in any manner you have violated or threatened to violate any of JOANN’s intellectual property rights, we may bring suit in any state or federal court in Ohio, or, if you are a resident of Canada, in the Courts of the Province of Ontario sitting in the City of Toronto. You consent to exclusive jurisdiction and venue in these courts.
4. Governing Law & Venue
Other than as expressly stated herein, the law applicable to the interpretation and construction of these Terms and/or any Product purchased using or related to the website shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Ohio, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or Use of the website, including all Disputes, will be governed by the laws of the United States and by the laws of the State of Ohio.
Unless you and JOANN agree otherwise, to the fullest extent permitted by law, the state and federal courts in Summit County, Ohio, will have exclusive jurisdiction over any Disputes (except for those brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Dispute Resolution Section or any of its provisions. You and JOANN consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
5. Changes to the Terms
(a) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed.
(b) Access to our website and the use of information, materials, products or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
6. Users must be Legal Age of Majority
Our website is a business website designed for persons who have reached the age of majority in the state, province or territory in which they reside. Any user of our website represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 13 and the legal age of majority, and continue to use our website, then your parent / legal guardian represents to us that he or she consents to these Terms on your behalf, and that she or he consents to your use of our website. A parent / legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child’s use of this website, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on our website. Under no circumstances may anyone under age 13 use our website, except to browse.
7. Compliance with Laws
(a) The material on our website is intended only for personal use. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical.
(b) When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website.
(c)The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited.
(d) You agree to comply with all applicable laws and regulations of the 50 states, of the United States, of Canada, and the applicable provinces and territories of Canada. You agree and represent to us that you are not buying Product for export outside the United States, unless you are located in Canada and shipping directly to Canada, in which case you agree and represent to us that you are not buying Product for export outside of Canada and you are not buying Product for shipment to Quebec.
(e) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason, at any time, without notice.
8. Not Responsible for Errors
(a) Our website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. Corrections or updates may occur after you have submitted an order from our website. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed on our website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our website. We apologize for any inconvenience that this may cause you.
(b) PRICES AND SELECTION ON OUR WEB SITE MAY VARY FROM THE PRICES AND SELECTION IN OUR STORES. IN ADDITION, CUSTOMERS OF JOANN+ MAY SEE DIFFERENT PRICES AND SELECTION FROM OTHER SALES CHANNELS. WE WILL HAVE NO LIABILITY FOR ANY PRICE DIFFERENCES, NOR ANY LIABILITY FOR ANY DIFFERENCES IN SELECTION.
(c) Your order(s) is subject to cancellation by us, at our sole discretion.
9. Intellectual Property
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our website, including without limitation, the "look and feel" of our website, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this website. All software used on this website is the property of joann.com® or its software suppliers and is protected by U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our website are trademarks of ours, our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the Product do not match their display on our website.
11. Discontinued Product
We reserve the right to change and discontinue Product at any time without notice to you, and this may affect information saved in any sales through an online cart. We may substitute Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described on the website are possible.
12. Disclaimer of Warranties
(a) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR WEBSITE.
WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.
OUR WEBSITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS.
NOTE: The above disclaimers do not apply to any product warranty offered by the product manufacturer.
(b) You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary.
(c) Craft-making, scrapbooking, sewing, quilting, knitting, and the other activities included in our website are highly individualized pursuits, with project results varying widely, depending upon the type of supplies used and the skill level and creative ability of the maker. We do not guarantee the results of any pattern, instruction, design or project presented on our website, and we disclaim all liability for unsatisfactory results.
13. Other Websites
Our website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, these websites or their content. Under no circumstances will the Company be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.
14. JOANN’s Use of Information Provided by the User
Some portions of our website enable users to post reviews of, and make submissions and comments regarding various products, projects and information contained on our website. If you submit material to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media. We will not pay you or any person for any information that you provide to our website. You also grant JOANN and our licensees the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content that you submit.
16. Use of Tools Sold on our Website
The proper and safe use of a crafting tool or product requires following the instructions of the product manufacturer. Some craft products are not safe for use (or, in some instances, unsupervised use) by children. In addition, extreme care and caution should be taken when using any crafting tool that requires heat in its operation, such as an embossing heat tool or a glue gun. For more specific warnings and other valuable information about the proper use of crafting tools, please see the instructions accompanying the crafting tool or product.
17. Gift Cards
When you purchase a gift card, either electronic or physical card, the following terms will apply: Terms and Conditions of Use: This card issued in U.S. dollars. This card can be used only for purchase of merchandise, services or classes at any JOANN store or online at joann.com®. Not for use in sewing or other leased departments in a JOANN store. This card is not redeemable for cash and no change will be given, unless required by law. Treat this card like cash. Lost, stolen or damaged cards are replaced only with valid proof of purchase to extent of remaining balance. Issued by JOANN Stores, LLC Hudson, OH. For balance inquiry, call toll-free 1-888-345-7674 any time.
18. Information and Press Releases
Our website contains information about our Company and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases.
19. Copyrights and Copyright Agent – Copyright Infringement Notification
The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the Web site infringes one or more of your copyrights, please immediately notify the Company's Copyright Agent by mail at the respective addresses below (each a "Notification" and collectively, "Notifications" providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Web site infringes your copyright, you should consider first contacting an attorney. All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single Notification, a representative list of such works at that site. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity ("Infringing Material") and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a "service provider," as such term is defined under the DMCA, to locate the Infringing Material. (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to the following: By mail: Robert D. Icsman, Copyright Agent c/o JOANN Stores LLC 5555 Darrow Road Hudson, OH 44236; By phone: 1-330-463-3409; By email: email@example.com. We have a policy of terminating access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.
20. Changes to our Website
We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on our website and to terminate, change, or suspend (temporarily or permanently) any aspect of our website (or the entire website) at any time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability, to remove any material, including goods for sale, which we find, in our sole discretion, to be objectionable or in violation of these Terms.
(a) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. To the extent that anything in or associated with our website or Product is in conflict or inconsistent with these Terms, these Terms control.
(b) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of our website, or your purchase of Product.
(c) Notice: patent:http://www.35usc287.com/mobile
22. Return Policy
All sales from our website are subject to our return policy. Please visit our return policy for more details.
23. SMS Text Messages / JOANN2Go
For details on JOANN's text message and SMS program, please visit www.joann.com/SMS
24. Custom Fabric and Other Custom Products / Weave Up
When ordering custom fabric or other custom products on our website, you will have the opportunity to upload designs, artwork, photographs and other media (“Uploaded Material”) to our website. For all Uploaded Material, you represent and warrant that: (a) you own or have all necessary rights to all Uploaded Material (including trademark, copyright, moral, publicity, patent and other proprietary rights); (b) the Uploaded Material does not infringe, misappropriate or violate any patent, trademark, trade secret, copyright, intellectual property right, the right of publicity, or any other right of anyone; (c) the Uploaded Material does not contain any virus or malware, including any trap or back doors, time bombs, spyware, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (d) the Uploaded Material does not violate these Terms and will not negligently or willfully cause injury to any person or entity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES WHATSOEVER, INCLUDING REASONABLE ATTORNEYS’ FEES AND DIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, ARISING OUT OF, OR RELATED TO, ANY BREACH OF YOUR AGREEMENTS AND WARRANTIES AND ANY CLAIM OR ALLEGATION BY A THIRD PARTY THAT THE UPLOADED MATERIAL INFRINGES OR VIOLATES THE THIRD PARTY’S RIGHTS.
Without limiting the foregoing, you agree that you will not, and the Uploaded Material will not:
• disrupt, interfere with, or damage (or attempt to do so) our website or any web sites linked to our website, including by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, or other methods or technology
• submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, or promotional materials;
• upload, post, transmit, share, store, collect, or make publicly available any personal or private information of any third party, including, addresses, phone numbers, and email addresses;
• intimidate or harass another person;
• collect, manually or through automated processes, information about other users or information relating to our website;
• engage in any activity that interferes with a third party’s ability to use or enjoy the website;
• use or attempt to use another’s account, or create a false identity on our website or;
• assist any third party in engaging in an activity prohibited by these Terms.
You acknowledge and agree that we will have no duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyrights or other rights in and to any Uploaded Material, and that we are not responsible for the loss, deletion, failure to store or mis-delivery of any Uploaded Material.
Customizable products are created on demand upon purchase, and can be returned only if flawed or damaged. Please see our return policy for more details.
These Terms were last updated in February 2023.