top of page

REFUND POLICY
 

We have a 30-day return policy for damaged merchandise, which means you have 30 days after receiving your item to request a return. All other merchandise is final sale and non-refundable.
 

Damages and issues
 

If merchandise arrives damaged (“Damaged Merchandise”), the Company will accept returns for a full refund only by the Return Procedures below. Once we confirm that you received Damaged Merchandise that was returned by the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your Payment Account in the amount charged for the Damaged Merchandise (if your Payment Account has already been charged for the merchandise) or (b) we will not charge your Payment Account for the Damaged Merchandise. The refunded amount will include the applicable Delivery Fees.
 

Return Procedures.  To return Damaged Merchandise, you must have a case number with UPS and/or send visual proof of damage through a support ticket to jonprospernft@gmail.com.  You must initiate your return within 30 days after your merchandise delivery date. All returned Damaged Merchandise must be unused (e.g., not worn, washed, damaged, or altered), in the original packaging with original tags attached, and returned by any other instructions received from contacting customer service. If inventory permits, you may be eligible to receive the exact, if not similar, item in exchange for the verified returned goods without a refund.  
 

E-COMMERCE TERMS OF USE
 

These E-commerce Terms of Use (“Terms”) apply to your use of jonprosper.com  and any purchase of merchandise made via Shopify (the “Site”). 
 

These Terms are entered into between you andJonProsper, LLC (the “Company,” “we,” or “us”). These Terms expressly incorporate any other documents referenced herein (such as our Privacy Policy) and govern your access to and use of the Site and all content, functionality, services, and merchandise offered on or through the Site.
 

Please read these Terms carefully before using the Site.  The Site is intended for use by those 18 or older, or the age of majority or older in their jurisdiction of residence. TO THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THE SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO THE COMPANY, YOU AGREE TO COMPLY WITH APPLICABLE LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).


Please note that Section 12 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. You can opt out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to these Terms.
 

Your Account.

In order to use certain features of the Site (for example, purchasing merchandise from the Site, you must register for an account with JonProsper(“Account”) and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or these Terms. The Company may suspend or terminate your Account at any time, for any reason, in our sole discretion.
 

You are responsible for maintaining the confidentiality of your Account, including any login information. You are fully responsible for all activities that are associated with your Account (including but not limited to any purchases, use of the Site, or correspondence from your Account to the Company). You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. When you provide the Company with such notice, the Company will suspend or otherwise secure your Account to prevent future unauthorized activity.
 

Site Content.

Content on the Site that is provided by the Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, articles, data, code, videos and the compilation of the foregoing (“Site Content”) is the property of the Company and its licensors, and is protected in the United States and internationally under trademark, copyright, and other intellectual property laws. The JonProsper logo and any JonProsper product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of JonProsper or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
 

You may not use any Site Content or link to the Site without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of JonProsper and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
 

Terms of Sale.

Merchandise and Pricing. All merchandise or listed on the Site is subject to change, as is merchandise information, pricing, and availability. In the event certain merchandise is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your debit, credit card, Google Pay, Meta Pay, Apple Pay, Bancontact, iDEAL, or Shop Pay account (each a “Payment Account”) has been charged. If your Payment Account has already been charged for the order and we cancel your order, we will issue a credit to your Payment Account in the amount of the charge.
 

Payment Terms. For any merchandise you order on the Site, you agree to pay the price applicable for the merchandise as of the time you submitted your order, the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). The Company will automatically bill your Payment Account submitted as part of the order process for such amounts within five days of the order date, and you hereby authorize us to do so. Your payment will be processed in USD$. If your order is being shipped to an address outside of the US, your total price may differ depending on variations in currency conversion rates and any foreign transaction fees applied by your payment provider. Please see our Shipping Policy below for a list of countries and territories where we may ship your merchandise.  Shipping is not available to all countries and territories. 
 

You will be solely responsible for payment of all taxes (other than taxes directly imposed on the Company’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by the Company. 
 

Your Order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We reserve the right to limit product quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We reserve the right to, in our sole discretion, restrict or prohibit purchases of any products to resellers, dealers, and distributors. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your Payment Account in the amount charged for the canceled portion (if your credit card has already been charged for the order) or (b) not charge your Payment Account for the canceled portion of the order.
 

Shipping Policy. Any delivery dates provided by the Company are estimates. The Company reserves the right to make deliveries in installments. The Company will send you an email when your order has shipped and you may review your order and shipping & handling information on your JonProsper Account page. We ship within the U.S. (including Alaska, Hawaii and APO/FPO/DPO addresses), and to countries outside of the U.S., except we do not ship to Afghanistan, Belarus, Central African Republic, Comoros, Equatorial Guinea, Falkland Islands, Guinea-Bissau, Mayotte, Myanmar (Burma), Nauru, Niue, Russia, Sierra Leone, Solomon Islands, Somalia, South Sudan, St. Helena, St. Pierre & Miquelon, Sudan, Tajikistan, Tokelau, Turkmenistan, Tuvalu, Ukraine, Uruguay, or Yemen. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon the Company’s delivery to carrier at shipping point. 
 

Return Policy. All merchandise is final sale and non-refundable.  We do not accept returns or exchanges of merchandise unless your merchandise is damaged (see below).
 

Damaged Merchandise. If merchandise arrives damaged (“Damaged Merchandise”), the Company will accept returns for a full refund only in accordance with the Return Procedures below. Once we confirm that you received Damaged Merchandise that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your Payment Account in the amount charged for the Damaged Merchandise (if your Payment Account has already been charged for the merchandise) or (b) we will not charge your Payment Account for the Damaged Merchandise. The refunded amount will include the applicable Delivery Fees.
 

Return Procedures.  To return Damaged Merchandise, you must have a case number with UPS and/or send visual proof of damage through a support ticket to jonprospernft@gmail.com.  You must initiate your return within 30 days after your merchandise delivery date. All returned Damaged Merchandise must be unused (e.g., not worn, washed, damaged, or altered), in the original packaging with original tags attached and returned in accordance with any other instructions received from contacting customer service.

 

Intellectual Property.

Other than Site Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted on the Site infringes your copyright or trademark rights, please file a notice of infringement by contacting the Designated Copyright Agent listed below.
 

Your notice must contain the following information as required by the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”):
 

  • The full name and a physical or electronic signature of the person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by your notice, you may provide a representative list of the copyrighted works that you claim have been infringed;

  • Reasonably sufficient detail to enable us to identify and locate the copyrighted work that is claimed to be infringing (e.g. a link to the page on the Site that contains the material);

  • A mailing address, telephone number, and email address where we can contact you;

  • A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; and

  • A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
     

Please submit your notice to the Designated Agent below:
 

JonProsper, LLC 

Legal Department

253 Linden Place, 

New Milford NJ 07646
Email: jonprospernft@gmail.com
 

Once you provide us with adequate notice as described above, we will respond expeditiously and take whatever action, in our sole discretion, that is deemed appropriate including removal of the disputed copyrighted work from the Site.
 

Counter-Notice:
 

If you believe that a DMCA notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice to the Designated Agent with the following information required by the DMCA:
 

  • Your physical or electronic signature;

  • Identification of the copyrighted work that has been removed or to which access has been disabled including a link to the page on the Site that contained the material before it was removed or disabled;

  • A statement under penalty of perjury that you have a good faith belief that the copyrighted work was removed or disabled as a result of mistake or misidentification;

  • Your name, address, e-mail address, and telephone number; and

  • A statement that you (i) consent to the jurisdiction of the Federal District Court in the judicial district where your address is located if the address is in the United States, or the United District Court for the District of New Jersey if your address is located outside of the United States, and (ii) accept service of process from the person who provided the DMCA notice of the alleged copyright infringement.
     

Please submit your counter-notice to the Designated Agent below:
 

JonProsper, LLC 

Legal Department

253 Linden Place, 

New Milford NJ 07646
Email: jonprospernft@gmail.com
 

In the event that the Company receives a counter-notice in compliance with the above requirements, we will provide the person who submitted the DMCA copyright infringement notice with a copy of the counter-notice, informing them that the Company will replace the removed material in 10 business days from the date of the counter-notice unless the Company first receives notice from the person who submitted the DMCA copyright infringement notice that they have filed an action seeking a court order to restrain the allegedly infringing activity.
 

PLEASE NOTE THAT JONPROSPER INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERIAL THOUGHT TO BE INFRINGING.
 

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site Content. In return, you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity; not to engage in any other activity or behavior that poses a threat to JonProsper, LLC, (e.g., by distributing a virus or other harmful code, or through unauthorized access to the Site and not to interfere with other users’ access to or use of the Services).
 

You also agree not to: (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Site Content; (2) modify or create derivative works from the Site Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site Content; (4) download any portion of the Site Content, other than for purposes of page caching, except as expressly permitted by us.

If you are unsure whether a contemplated use of the Site Content and its content would violate these Terms, please contact us at jonprospernft@gmail.com. 

Privacy.
 

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.

Third Party Services & External Links.
 

The Site may allow you to access or interact with apps, websites, materials, products or services made available by others (“Third Party Services”). By connecting to Third Party Services, you agree that we may exchange information and data with the Third Party Services consistent with our Privacy Policy. We do not control, endorse, and are not responsible for, any Third Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. The Company has no obligation to monitor Third Party Services, and may block or disable access to them at any time. You should contact the operator of the Third Party Service with any questions about their Third Party Services.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.
 

  1. Modifications.

You agree and understand that we may modify part or all of this Site or any of the services provided through the Site without notice, and that we may update these Terms and any other document incorporated by reference therein at any time. The Company reserves the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Site following any changes indicates your acceptance of those changes.
 

  1. Disclaimers.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JONPROSPER, LLC, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL MERCHANDISE LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. JONPROSPER (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR MERCHANDISE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
 

JONPROSPER WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. JONPROSPER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SITE CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
 

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ANY MERCHANDISE OR PRODUCTS DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
 

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JONPROSPER, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, MERCHANDISE, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF JONPROSPER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF JONPROSPER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SITE CONTENT, MERCHANDISE, OR ANY SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO JONPROSPER, LLC FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.
 

Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless JonProsper, LLC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “JonProsper Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Site Content, or merchandise, (c) your violation of these Terms, (c) your violation of the rights of a third party, including another user and (e) your failure to pay any Taxes in connection with your transactions on this Site. You agree to promptly notify us of any third party Claims and cooperate with the JonProsper Parties in defending such Claims. You further agree that the JonProsper Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
 

Governing Law.

These Terms of Use, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of the State of New Jersey, as if these Terms are a contract wholly entered into and wholly performed within the State of New Jersey. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF NEW JERSEY AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
 

Disputes and Arbitration Agreement.

Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with JonProsper, LLC and limits the manner in which you can seek relief from us.
 

Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any Services sold or distributed through the Site, including any merchandise, or to any aspect of your relationship with JonProsper, LLC will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or JonProsper may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
 

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 253 Linden Place, New Milford NJ 07646. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, JonProsper will pay them for you. You may choose to have the arbitration conducted by telephone or video conference or based on written submissions, or you may request to meet in-person for arbitration in New Jersey. You agree that any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
 

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and JonProsper. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as needed by any court of competent jurisdiction.
 

Waiver of Jury Trial. YOU AND JONPROSPER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and JonProsper are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise indicated in this Section 12. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
 

Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of New Jersey. All other claims shall be arbitrated.
 

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: JonProsper, LLC 253 Linden Place, New Milford NJ 07646, Attention Legal Department, within 30 days after first becoming subject to this Arbitration Agreement. You may also submit your decision to jonprospernft@gmail.com. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on this Site (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
 

Severability. Except as provided herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
 

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with JonProsper.
 

No Joint Venture.

Both you and the Company acknowledge and agree that no partnership, joint venture or agency is formed and neither of you nor the Company has the power or the authority to obligate or bind the other. 
 

Modification.

Notwithstanding any provision in these Terms to the contrary, we agree that if JonProsper makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: JonProsper, LLC 253 Linden Place, New Milford NJ 07646, Attention Legal Department.
 

Severability.

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.
 

Entire Agreement.

These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content, and any merchandise you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

JonProsper Devil in the Detail Drawing JonProsper Devil in the Detail Drawing
bottom of page