IV Media, LLC Terms of Use

Revised August 1, 2022

IV Media, LLC (“IV Media” ,” “we,” “us,” or “our”) welcomes you to our family of brands and recognizes and respects the importance of maintaining the privacy of our customers, registered members, advertisers gift recipients and users (each of which may be referred to, individually and where applicable, as “you”). Our Privacy Policy is a part of IV Media's overall terms of use explained below (“Terms of Use”)

To ensure we provide an engaging and transparent environment for you, we have established this Terms of Use on IV Media’s owned and operated websites, including but not limited to ShopHQ.com, ChristopherAndBanks.com, JWHulmeCo.com, and FloatLeft.tv. Your use of such websites and services, which includes these brands’ websites, mobile and social media services, television services, merchandise, telephone ordering and voice response unit services, interactive television services, advertising services, downloadable software applications (i.e., widgets and Apps), email addresses, and other media and website services on which these Terms of Use are posted or expressly referenced ("IV Media Networks Services") is governed by this Terms of Use. Your use of the IV Media Networks Services constitutes your agreement to be bound by the Terms of Use The promises and obligations herein are legally binding and entered into by and between you and IV Media as follows:

By accessing and using IV Media Networks Services, you agree to be bound by the Terms of Use, which includes an arbitration agreement. If you do not accept these Terms of Use, do not use or access the IV Media Networks Services.

These Terms of Use also apply to all advertising channels of IV Media Networks Services and its affiliates including, but not limited to, the internet, television, connected television, telephone, catalog, radio, television, mobile device, messaging (sms, mms and email) social media and participating retail stores. By accessing any of IV Media Networks Services marketing channels, and any areas of its services, you agree to be legally bound, and to abide by these Terms of Use.

By using the IV Media Networks Services, you represent and warrant that you are of legal age to form a binding contract with IV Media. If you are under 13 years of age, you should not use the IV Media Networks Services. These Terms of Use constitute the entire agreement between you and IV Media with respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter.

1. Changes in Terms of Use

IV Media shall have the right at any time and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the IV Media Networks Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the IV Media Networks Services. You are responsible for reviewing these Terms of Use periodically for any modification to these Terms of Use that may affect your rights or obligations hereunder. Any access or use of the IV Media Networks Services by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms of Use by any party other than IV Media shall be valid or enforceable against IV Media unless expressly agreed to by IV Media in a writing signed by a duly authorized officer of IV Media.

2. Termination

Unless specifically superseded in an ancillary agreement, these Terms of Use are effective until terminated by IV Media. IV Media may terminate these Terms of Use without notice and at any time in connection with any of the IV Media Networks Services. In the event of termination, you are no longer authorized to access those IV Media Networks Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use shall survive termination.

IV Media shall also have the right without notice and at any time to terminate some or all of the IV Media Networks Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the IV Media Networks Services or any feature or portion thereof.

3. Compliance with Laws

You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the IV Media Networks Services and your purchase of products or services through them.

4. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by IV Media on or through the IV Media Networks Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions, or typographical errors or may be out of date. IV Media may change, delete, or update any Content at any time and without prior notice. Unless specifically superseded in an ancillary agreement, the Content is provided for informational purposes only and is not binding on IV Media in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by IV Media or by third parties that have licensed their use to IV Media. You may view and use the Content only for your personal information and for shopping and ordering on or through the IV Media Networks Services, and for no other purpose, and you shall retain all copyright and other proprietary notices. Except as provided in the foregoing, IV Media does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the IV Media Networks Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms of Use or as otherwise expressly permitted in the Content or in a writing signed by IV Media, is strictly prohibited. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Services. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Parties other than IV Media may operate, sell lines of goods and services through the IV Media Networks Services. In addition, the IV Media Networks Services provide links to the websites of affiliated companies and certain other businesses. IV Media is not responsible for examining or evaluating, and IV Media does not warrant the offerings of, any of these businesses or individuals or the content of their websites. IV Media does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

5. User Comments and Submissions

Except as otherwise expressly provided in the Terms of Use, you hereby grant to IV Media a non-exclusive, world-wide, royalty-free license to use, reproduce, disclose, publish and distribute any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications, images, or other material (collectively, "Submissions") that you send to or post on the IV Media Networks Services. Such license shall include all rights and interests in all copyrights and other intellectual property rights in the Submissions. IV Media will be entitled to use, reproduce, modify (to creative derivative works), disclose, publish and distribute in whole or in part any Submissions that you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send to or post on the IV Media Networks Services (including but not limited to ShopHQ.com) any Submissions which you do not wish to license to IV Media.

You are strictly prohibited from sending to or posting through the IV Media Network Services, any Submission(s) that: (i) contain confidential or private information (including without limitation a person's financial or medical information or a company's trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to IV Media Network Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.

6. Notice and Procedures for Making Claims of Intellectual Property Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the IV Media copyright agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on IV Media Networks Services website, including the item number, if applicable;
• Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

IV Media’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: copyrightagent@imediabrands.com or send a formal letter to:

Attn: Copyright Agent
IV Media, LLC Legal Department
6740 Shady Oak Road
Eden Prairie, MN 55344

7. Third Party Sites and Content

Links to other Internet sites operated by third parties, including IV Media vendors, do not constitute sponsorship, endorsement, or approval by IV Media of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by IV Media, and IV Media is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

To the extent any Content is provided by third parties, IV Media includes it for informational purposes only. Pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.

8. Merchandise Orders, Risk of Loss and Returns

IV Media Networks Services accepts orders from the 50 United States (inclusive of domestic military bases) and the District of Columbia only. IV Media Networks Services likewise ships products to the 50 United States (inclusive of domestic military bases) and the District of Columbia only. IV Media Networks Services will add shipping and handling fees and applicable sales/use tax. IV Media Networks Services reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, "Merchandise") offered through the IV Media Networks Services. Merchandise displayed through the IV Media Networks Services is available while supplies last. Descriptions of, or references to, Merchandise through the IV Media Networks Services do not imply endorsement of that Merchandise, or constitute a warranty, by IV Media Networks Services. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for Merchandise purchased pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. At our discretion, a refund may be issued without requiring a return or in advance of receiving returned Merchandise. In this situation, IV Media never takes title to the refunded Merchandise. Learn more about returning Merchandise on IV Media Networks Services websites.

9. Your Account

You are responsible for maintaining the confidentiality of your IV Media account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

10. Disclaimer and limitation as to use of IV Media Networks Services.

IV Media Networks Services are operated on an "as is," "as available" basis. To the full extent permitted by law, IV Media and its affiliates disclaim any and all representations and warranties with respect to the IV Media Networks Services, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, IV Media and its affiliates do not represent or warrant that the IV Media Networks Services will operate without interruption or error. Under no circumstances shall IV Media or its affiliates, or any of their employees, directors, officers, agents, vendors or suppliers, be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the IV Media Networks Services, including, but not limited to, general, special, consequential, incidental, exemplary or any other type of damages. Your use of the IV Media Networks Services is at your sole risk. Applicable law, including the law in new jersey, may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

11. Arbitration Agreement

Instead of suing in court, you and IV Media each agree to arbitrate disputes on a bilateral (individual) basis. You and IV Media agree that any dispute, controversy or claim between you and IV Media which cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to (i) these Terms of Use; (ii) any aspect of your relationship with IV Media and IV Media Networks Services, irrespective of whether the dispute, controversy or claim arose after the termination of the relationship between you and IV Media and/or IV Media Networks Services (collectively, "Claims"), shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights; provided, however, either you or IV Media may bring an individual lawsuit in small claims court consistent with the jurisdictional and dollar limits that may apply. The arbitrator's decision and award are final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and judgment on the award may be entered in any court with jurisdiction.

1. Class Action Waiver. IV Media and you each agree that each and both Parties are waiving the right to a trial by jury and may bring Claims against the other party only in an individual capacity and not in a class action or representative or collective proceeding. All arbitrations under this Arbitration Agreement shall be conducted on an individual (and not a class-wide or collective) basis and an arbitrator shall have no authority to award class-wide or collective relief. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("Class Action Waiver"). If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
2. Informal Dispute Resolution Requirement. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to IV Media shall be sent to the following address: IV Media, Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. All notices sent by IV Media to you will be sent to the email and/or mailing address provided in your IV Media Account. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty (60) day period, you or IV Media may commence an arbitration proceeding. Both you and IV Media agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
3. Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from IV Media; or (b) sign up for any program or service provided by IV Media. You may also opt out of this Arbitration Agreement within 30 days after we provide notice of a material change to this Arbitration Agreement.
4. Arbitration Procedures. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information on how to initiate arbitration, are available by calling the AAA or by visiting its website (www.adr.org). Unless you and ShopHQ agree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State in which you reside, and ShopHQ will: (1) pay all costs of the arbitration; and (2) not seek attorney's fees in the event ShopHQ prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
5. Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the FAA and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to Claims that are covered by the Arbitration Agreement, the law of the State of Minnesota, will govern. IV Media will provide notice of any material changes to this Arbitration Agreement. Except as set forth above regarding the Class Action Waiver provision, if a court decides that any portion of this Arbitration Agreement is invalid or unenforceable, such determination will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.