Terms & Conditions

Last Revised April 23, 2021

Welcome to the Finger Jackets® websites. Please review the following terms and conditions of use.

Welcome to our website. Should you continue to use this site, you agree to the following terms to be laid out. We suggest you take the time to check this page to make sure you have the most up to date information concerning our Terms of Service and Use being used. With that said, we may update, change, or modify any part of this agreement at any time, without notice. If you do not to agree with our Terms of Service and Use, please feel free to exit our site.

Transactions

We may refuse any order placed with us, and we reserve the right to do so. If necessary, items ordered may be canceled or limited. This may be done per order, per person, per household or based on a number of other reasons. Restrictions may also be placed on orders for a number of reasons. Issues with credit card and/or shipping information used, problems with associated accounts, suspicious activity, there may be an error in price, security issues with customer account etc. If it is necessary to change or cancel an order, we will, to the best of our ability, make an effort to contact and/or notify you using the information, provided by you, at the time of your purchase. It is our right to prohibit and/or limit orders which, in good faith and with our sole discretion, believe may be placed by resellers, dealers, or other distributors. Custom made orders cannot be cancelled after Order Confirmation receipt e-mail is sent out to you. These items are specifically made for, per your specific order instructions. All other orders may be cancelled prior to items being shipped.

Contents

Unless otherwise noted, the information provided on our Sites are controlled, owned or licensed by Finger Jackets®. The information provided on these Sites are solely for personal use/non commercial use. You may not reproduce, transmit, copy, publish or in any way use protected materials from this Site. Any downloadable content is made so for your personal, non commercial use only. No title, interest, or right is transferred with the availability of content copied or downloaded. Content from this site may not be sold, published, modified, transmitted, reproduced (unless authority is granted), exploited or used in any other way not mentioned here, without prior permission to do so. Our site is operated by Finger Jackets® L.L.C, located in Boston Man. Products on our pages are/and/or may be patented. All trademarks, trade dress copyrights, and/or other intellectual property in the materials on our Site, along with all its materials, features located on our Site, including illustrations, designs, text, icons, video clips, images, photographs, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, licensed or controlled by Finger Jackets™. Any and all use, in any way, must be authorized in writing, by Finger Jackets, prior to its use anywhere else.

Included in this is using FingerJackets® trademarks to gain higher search engine rankings, in meta tags, or any other use without prior notice or permission from Finger Jackets®.

The information contained on our site should not be considered medical advice.

Before beginning any training regiment, athletic or exercise program, please consult your physician. Finger Jackets® is not responsible for any health or medical issues that may arise from your use of any products, or engagement in any activities on our site. Information obtained from this site should be used solely at your discretion. Should you ever find yourself feeling pain or discomfort, please discontinue continue, or stop any activity which may be causing you issue.

Errors, Omissions, and Inaccuracies

Sometimes errors occur in pricing, in our promotions, product descriptions offers, availability, have omissions in information provided or may contain typographical errors. We reserve the right to make corrections, update information, cancel orders, correct omissions and/or inaccurate information. We may do this at any time without prior notice. This may mean after your order is placed.

Submissions, User Feedback, and Comments.

Finger Jackets® welcomes you, your thoughts and your comments regarding our products and services. Your feedback is valued to us. With that said, we are unable to consider or accept ideas and or any materials submitted to us by you. Materials in the form of suggestions, plans, proposals, ideas, designs and/or the like (collectively, “Proposals”) may only be used, if they have been specifically be requested by us. We also ask you do not send unsolicited Proposals to us, or anyone at Finger Jackets® through any communication channel.

When you send requested or unrequested information to us, you agree that we may, without restriction, publish, distribute, edit, copy, use, translate or use any or all of your provided information, at our will. The information you send may be in the form of plans, photos, reviews, proposals, ideas, and/or any other material (collectively, “Comments” ). Under no circumstance will Finger Jackets™ be required or obligated to respond to Comments, pay for Comments, or maintain Comments in trust/to ourselves. We maintain the right to edit, remove or maintain Comments as we see fit.

You agree not to violate any rights of any third party with your Comments. This rights include trademark, copyright, privacy and/or any other proprietary or personal rights one might have. You agree further to make sure your Comments do not contain any computer virus, malware, obscene material, unlawful or abusive material.

Use of a fake e-mail address is not permitted. You may not mislead Finger Jackets® or otherwise or its third party affiliates as to the origin of any Comments. It is your sole responsibility for any Comments made by you and their accuracy. Finger Jackets™ assumes no responsibility and no liability for Comments posted by you and/or any third party.

Personal Information Submitted

Any personal information, submitted by you, through our Site, is governed by our Privacy Policy. Our Privacy Policy may be reached by clicking the "Privacy Policy" in the footer of our Site (the "Privacy Policy"). The terms and conditions of our Privacy Policy is incorporated by reference.

Product Information

The styles and colors of products appearing on our Site have been made reflect and be displayed as accurately as possible. We cannot guarantee the style or color displayed on your computer or mobile device screen, to be true.

Pricing Policy

Sometimes you sill see strike through pricing or a listed price representing a price point where we may have previously offered a product, or similar product. The price displayed may represent the price of a similar item in the market, a recently used price, or an updated pricing value. It is possible it may not reflect the current price that should be displayed in our online store or anywhere else in the market. Be it on a particular day or at any/every location.

Right to Change Site

We reserve the right to suspend, discontinue or modify in any way our Sites and/or services we provide. We may do this with any product, content, or feature provided through our Sites. You agree not to find us liable to any third party, or to yourself for any suspension of service, content, modifications made, features, content, or discontinuance of our Site. With or without notice we may charge fee for use of our Site, make offers to come or all of the users to our Site, change and/or waive said fees associated with our Site. This may be done at any time, with our sole discretion.

Links to Other Websites and Services

You may find links to other websites on our Site that do not fall under the control of Finger Jackets®. Finger Jackets™ bears no responsibility for the webpages linked nor does our linking of other webpages constitute our endorsement to or of any the websites linked. Should you choose to use any of the links provided, you will be taken from our Site and moved to another, not governed by our Terms and Conditions or our Privacy Policy. The links provided are solely to be used at your discretion, for your convenience and to provide additional information to you.

Indemnification

You agree hold Finger Jackets® harmless from and against any and all claims, to defend, and to indemnify against damages, expenses, and costs. This may be due to your use of our Site or your breach of any the representation, warranties, and/or any other warranties provided in the Agreement. Cost may include attorneys' fees.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Informal Dispute Resolution.

In the event of a dispute, both yourself and Finger Jackets® agree to the dispute resolution procedure herewith: If there is a claim, an action, controversy or a dispute relating to any breach interpretation, enforcement, validity or otherwise. If there is any question of the legal validity of this or any part of this agreement (“Dispute”), the party claiming or filing the Dispute will, in good faith, first make an effort to settle said Dispute in writing. This shall be done by contacting the other party first, by using registered or first-class mail. The facts should be conveyed in said mailing along with all documentation relevant, and all the facts concerning said Dispute. Notice shall be sent, allowing the party receiving the notice of Dispute 30 days to settle or respond to the information provided in the Dispute mailings.

Notice shall be sent

(1) to Finger Jackets® at: Finger Jackets®, Legal Department, Finger Jackets Attn: Legal Dept. P.O.Box 870069 Milton, Ma 02187,

(2) to your address on file: we will use the last billing and/or shipping address on file with us.

Finger Jackets® and you both, agree to this dispute resolution procedure, prior to filing any claim or any arbitration against the other party.

Arbitration Agreement.

If we cannot come to a resolution regarding any particular dispute, using the dispute resolution procedure as described above, a binding individual arbitration may be used as the next step in resolution. Under this agreement, with respect to any Dispute, you agree to use an arbitrator to resolve any Dispute between the Disputing parties. By choosing an arbitrator, you give up your right to, assert, and/or defend, in court, your rights, with respect to any Dispute, under this agreement. Finger Jackets® along with yourself, delegates expressly to the arbitrator, the powers to enforce the arbitration provisions, in its scope, in its ability to be applied and validated and properly enforced.

Arbitration may begin by contacting us and requesting arbitration at:

Finger Jackets®

Attn: Legal Dept.

P.O.Box 220357

Dorchester, Ma 02122

The Federal Arbitration Act will apply to any arbitration hearings and/or proceedings. You agree to allow the AAA (American Arbitration Association) using its current Procedures, Supplementary Procedures for Consumer Related Disputes, and current rules to conduct all arbitration hearings. Arbitration will take place in the state of Massachussetts, Suffolk County, unless otherwise agreed upon by both parties. If arbitration does not resolve any Dispute and claim makes it to a courtroom proceeding, Massachussetts, Suffolk County, will be the venue agreed upon. To the extent permitted by law, Finger Jackets and yourself agree to proceed with all Disputes on an individual, as is” basis, and not in a consolidated, class action, or any representative action. If Disputes reaches a court of law, Finger Jackets® and yourself each agree to waive all rights to a trial by jury. Either yourself or Finger Jackets™ may bring suit to enjoin misuse of intellectual property and/or infringement of such rights.

If for any reason the American Arbitration Association is unwilling or unable to deal with a Dispute, you agree to settle on another arbitration provider, agreed upon by both parties before moving forward. All administration, filings, & arbitrator fees are governed using American Arbitration Association’s applicable guidelines. If the arbitrator rules in your favor, on the material aspects of your claim, Finger Jackets® will pay back associated fees for claims totaling less than $10,000. If your claim is found to be frivolous, by the arbitrator. If your claim is found to have been filed with an improper purpose or in general, bad faith, as is found to be by the Federal Rule of Civil Procedure 11, Finger Jackets® may choose to seek an award from the arbitrator for reimbursement of fees & costs associated with said filing.

To assist with arbitration, Arbitration may conducted via telephone call , in person, in Massachussetts’, Suffolk County, or via another agreed location. Agreed upon by yourself and Finger Jackets®. You agree further, to allow your claim to be phased temporarily, or be placed on hold allowing American Arbitration Association time to establish fair procedures for adjudicating Dispute. This may only happen if the same or related council files similar claims at, about or during the same time period.

Waiver of Right to Bring Class Actions and Representative Claims. When arbitration takes place, the arbitrator is given the authority to use the remedies available had the Dispute gone to court. Any resolution in arbitration will affect only, the claimant of any Dispute in question. Finger Jacket®s and yourself waive a trial by jury, and in doing so waive your right to participate or assert yourself in any joint or consolidated arbitration, lawsuit, class action arbitration or class action lawsuit. If for any reason any part of this paragraph is unenforceable, regarding a particular claim, that claim, and that claim alone may be taken from arbitration and allowed to move forward in the courts.

Other Terms.

The Federal Arbitration Act will govern this Arbitration Agreement. The terms of the Federal Arbitration Act may interpret, enforce, govern, construe and survive after your use of our Site has concluded and this agreement comes to an end. If any part of this Arbitration Agreement is found to be unenforceable or invalid, the rest of this Arbitration Agreement will remain and not be invalidated, except as noted above.

Termination

The Terms set forth in this agreement will remain in effect until terminated by Finger Jackets® or by yourself. We, or you, may terminate this agreement at any time without prior notice. Access to the site may be denied, if compliance with our provisions or terms of this Agreement. Prior to termination, all liabilities and or obligations by parties involved will survive, after this Agreement has passed or has been terminated.

In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and You will still be bound by them.

Survival and Severability

If any portion of these Terms and Service and Use is found to be unlawful, unenforceable, or in any way invalid, by a competent authority in any jurisdiction. The portion found to be invalid in one jurisdiction, will not automatically make it invalid in any other jurisdiction as well, unless it is also found to be invalid in that jurisdiction as well. If any portion of these Terms find themselves to be unlawful, the portion this Arbitration Agreement

Shall sever the unlawful and/or unenforceable portions of this Agreement (in the jurisdiction in question only);

There shall be no impact made upon the rest of this Agreement, if any provision that may find itself to be unlawful or unenforceable, is stricken. Nor will an impact be made upon either parties’ ability to compel or pursue, on an individual basis, any claims that may remain;

If for any reason a claims finds itself moving forward in a consolidated, class, representative or other basis. The parties involved agree that, claims, as such, should not move forward until Arbitration procedures above, have been followed, and an outcome has been given.

General

These Terms of Service and Use are to comply with all state and federal privacy, protection, and all other applicable laws.

If conflict arises between state federal or local law, the laws of the state of Massachussetts, will prevail.

Any errors and/or omissions may be corrected w/o liability to Finger Jackets®.

To the extent state law applies to any aspect of this Agreement, or to any disputes, and/or any claims covered by the Arbitration Agreement, the law of the state of Massachussetts will govern.

If any provision is waived, the waiver of that provision shall not constitute any other waiver of any other other provision made by Finger Jackets® and or you, to abide by the terms herein, strictly.

Must be 18 or older to place orders.

This Agreement constitutes the entire agreement between us relating to your use of the Sites.

A contract for the purchase and supply of goods.