Terms of service
Terms & Conditions
Thank you for visiting jaxengrey.com. We have prepared the information below to ensure that your experience on our website is one you’ll want to repeat. Jaxen Grey, Inc provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. By using our site, you agree to follow and be bound by these terms. If you do not agree to these terms, please do not use this site.
Although you may “bookmark” a particular portion of jaxengrey.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since Jaxen Grey may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.
The following Terms of Service (these “Terms”) describe the terms and conditions on which Jaxen Grey, Inc (sometimes referred to in these Terms as “Jaxen Grey,” “we,” or “us”) offers you access to this website (this “Site”) and to any related website, application, service, or mobile application on or to which these Terms are linked or referenced (collectively with this Site, the “Services”).
Before accessing and using the Services, please read these Terms CAREFULLY because they constitute a legal agreement between Jaxen Grey and you. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE TERMS AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO.
These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.
YOU AGREE THAT IN NO EVENT WILL JAXEN GREY BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF JAXEN GREY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JAXEN GREY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000).
1. Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may need to modify these Terms. Whenever possible, we will provide you with advance written notice of our changes. We will not make changes that have a retroactive effect unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices, or statements of or about the Terms.
2. Additional Terms
Certain Services may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail but solely to the extent of the inconsistency.
3. Privacy
Please review our Privacy Policy, which is incorporated by reference, to learn about the information that we collect and how we process it. Without limiting the terms of our Privacy Policy, you understand that Jaxen Grey does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. Jaxen Grey is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services. Jaxen Grey reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.
4. Using the Services
4.1 Eligibility
You must be at least 13 years old to use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that:
- (a) all information you submit during Account registration 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.
Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
4.2 Your Account
You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete, and accurate. If you provide untrue, incomplete, or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. By creating an Account, you agree that Jaxen Grey may contact you and send you communications using the information in your Account.
Please do not share your Account with anyone else. You are responsible for all use of your Account, including use by others to whom you have provided access to your Account.
4.3 Your Responsibilities
You may use the Services for lawful, non-commercial purposes only. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party's use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, other users’ Accounts, or Jaxen Grey’s computer systems or networks, through hacking, password mining, or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):
- Engage in any activity that is fraudulent, abusive, or illegal;
- Violate the security of any computer network, or crack any passwords or security encryption codes;
- Transfer, distribute, or sell any of the Services or their content.
Jaxen Grey has the discretion to terminate your access to the Services without notice for any violation of the above rules. You are solely responsible for any and all charges, fees, and other costs related to the use of the Services. If you access and use the Services on your smartphone, tablet, or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider.
Jaxen Grey may offer Services that use text messaging (SMS or MMS) capability. We do not impose a separate charge for text messaging services but message and data rates may apply. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. Jaxen Grey is not liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from your mobile service provider. Text messages are provided on an “as is” basis and may not be available in all areas at all times.
Once you opt-in to receive text messages from us, the frequency of text messages that we send to you will depend on your transactions with us. By agreeing to receive text messages, you understand and agree that Jaxen Grey may use an automatic telephone dialing system to deliver text messages to you and that your consent is not required as a condition of purchase for any goods or services.
5. Promotions
Jaxen Grey may offer you the opportunity to participate in discounts, offers, or other promotions (collectively, “Promotions”). Promotions are not open to employees (and their immediate family members or members of the same household) of Jaxen Grey and its affiliates, agents, and advertising and promotion agencies. You may not transfer, assign, sell, trade, or barter any prize, premium, or other benefit you receive through our Promotions. Unless required by law, any Promotion-related prize, premium, or other benefit may not be combined with a benefit received in connection with any other Promotion. ANY PRIZE, PREMIUM, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM JAXEN GREY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We reserve the right to modify, terminate, or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion or Promotion-related process. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state, and local laws, rules, and regulations. Promotions are void where prohibited, restricted, or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE JAXEN GREY AND ITS AGENTS AND AFFILIATES FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE, AND/OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
6. Links to Other Services
The Services may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of Jaxen Grey and Jaxen Grey is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Services. The inclusion of a link does not imply endorsement by Jaxen Grey of the Linked Services or any association with the operators of the Linked Services. Jaxen Grey does not investigate, verify, or monitor the Linked Services. Jaxen Grey provides links to Linked Sites for your convenience only. You access Linked Services at your own risk.
7. Disclaimer of Warranties & Limitations of Liability
Jaxen Grey warrants that Jaxen Grey has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Jaxen Grey specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use, and all warranties implied from any course of dealing or usage of trade. Jaxen Grey does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free, or (c) errors will be corrected. Any oral or written advice provided by Jaxen Grey or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
8. Indemnification
You agree to indemnify and defend Jaxen Grey and its directors, officers, employees, and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense, and reasonable attorneys’ fees brought against Jaxen Grey by any third party arising from your use of the Services or any violation of these Terms, the rights of a third party, or applicable law. Jaxen Grey reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Jaxen Grey may be made without Jaxen Grey’s prior written approval.
9. Dispute Resolution
YOU AND JAXEN GREY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOU AND JAXEN GREY AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 10 AND THAT YOU AND JAXEN GREY WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Jaxen Grey and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates arising from or relating to these Terms and their interpretation or the breach, termination, or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope, or enforceability of these Terms to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the State of Minnesota administered by the American Arbitration Association (AAA) in accordance with its rules (including its rules and procedures for consumer-related disputes) in effect on the date thereof (“AAA Rules”). Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Jaxen Grey will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to Jaxen Grey by email at support@jaxengrey.com.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Jaxen Grey will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Jaxen Grey for all fees associated with the arbitration that Jaxen Grey paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
A single arbitrator will be selected in accordance with the AAA Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential. Jaxen Grey and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. If any provision of the agreement to arbitrate in this Section 10 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative, or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section 10, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Jaxen Grey under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 10.
10. Electronic Contracting
Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.
11. Geographic Restrictions
The Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Services outside of the United States and that access may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
12. Termination
These Terms automatically terminate when you fail to comply with any term or condition of them. Jaxen Grey may terminate or modify your access to the Services, with or without notice to you, at any time for any reason. For example, access to the Services may be denied without notice if Jaxen Grey believes that you are a minor.
13. Claims of Copyright Infringement
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the Services, please send your claim or notice of infringement to:
Jaxen Grey
226 N Washington Ave #150
Minneapolis, MN 55401
United States
14. Miscellaneous
These Terms (including our Privacy Policy) contain the entire understanding by and among Jaxen Grey and you with respect to the matters contained herein.
These Terms inure to the benefit of and will be binding upon Jaxen Grey’s and your successors and assigns, respectively.
These Terms may be assigned by Jaxen Grey but you may not assign the Terms without the prior express written consent of Jaxen Grey.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
If Jaxen Grey fails or you fail to perform any obligation under these Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
Nothing contained in these Terms will be deemed to constitute Jaxen Grey or you as the agent or representative of the other or as joint venturers or partners.
If Jaxen Grey is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.
Headings and captions are for convenience only.
15. Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on jaxengrey.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Jaxen Grey product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, Jaxen Grey shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Jaxen Grey, INCORPORATED shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Jaxen Grey shall issue a credit to your credit card account in the amount of the incorrect price.