ABOUT GET YOUR JOEY
Get Your Joey is an online store to find affordable ways to pack and other resources for trans men. It’s also a community of people with a passion who deserve dignity and support. It is our goal to create a site that is accessible and useful to as many people as possible.
Revised: May 25, 2018
1) ACCEPTANCE OF TERMS; MODIFICATION TO TERMS.
Thank you for visiting Get Your Joey. Get Your Joey provides its Web site and services (“Site”) subject to the following terms of service (“Terms”). By using the Site or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these
Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.
We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Get Your Joey’s good faith reasonable judgment, Get Your Joey will notify you via email and/or by posting a notice on the homepage of the site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the site
after any modification to these Terms constitutes acceptance of the amended Terms.
If you ever have any questions about these Terms, please do not hesitate to contact us at email@example.com.
If you are accessing the site from the European Union, you must be 16 years and older to use the site. If you are accessing the site from the United States, you must be 13 years and older to use the site. Get Your Joey does not specifically collect information about children and the website is not directed to children. If we learn that Get Your Joey has collected information from a child under the applicable age, we will delete that information as quickly as possible. If you are under the required age, we will only process your information upon receipt of verified consent from a parent or legal guardian.
We recommend that anyone under the applicable age required by law, ask and receive their parents' permission before using Get Your Joey or sending information about themselves or anyone else over the Internet.
2) USER CONDUCT
In using this Site, you also agree:
Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
Not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Not to upload, download, post, email or otherwise transmit false or misleading information;
Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
Not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Not to disrupt or interfere with any other user’s enjoyment of the site or affiliated or linked social media, including without limitation, through any trolling, belligerent or antagonistic behavior towards other users or Get Your Joey representatives.
Upon placing any order through the site, you acknowledge that Get Your Joey may review it. Without limiting the foregoing, Get Your Joey shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Terms or is otherwise objectionable to us. Get Your Joey reserves the right to amend the Terms and its policies described above from time to time at its sole discretion.
You hereby agree to waive any claims against Get Your Joey and employees (collectively, "Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the site or posted on the site.
Your privacy is very important to us at Get Your Joey. We collect and store personal information when you move through the site, and make purchases. Get Your Joey does not share customer information (including email addresses). We promise that we will never sell or rent your telephone or email information to third party marketers.
Without limiting the foregoing, you acknowledge and agree that Get Your Joey may preserve Content for as long as necessary for the purpose for which it was collected and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third- parties; or (iv) protect the rights, property, or personal safety of Get Your Joey, its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Get Your Joey.
Get Your Joey has developed an application program interface (API) that will enable approved third-party websites and software to interact with the site and upload Content, view publicly available Content and/or order products utilizing Content that is made available for sale through the site. You acknowledge and agree that any information or Content that you make publicly available on the site may be accessed and used by these third-party sites.
5) PROPRIETARY RIGHTS
You acknowledge and agree that any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the site by Get Your Joey, or its Representatives (“site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Get Your Joey, shall belong to Get Your Joey. You may not use, reproduce or distribute any site Content without the authorization of the owner of such site Content, except for uses permitted by law.
You acknowledge and agree that the site and any software used in connection with the site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the site shall remain the property of Get Your Joey and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the site or the Software, in whole or in part.
6) COPYRIGHT AND OTHER INTELLECTUAL PROPERTY POLICY
Get Your Joey respects the intellectual property rights of others. We ask our customers to do the same. Our design is patent pending and cannot be copied or infringed upon, nor the name of Get Your Joey used without permission.
You agree to defend, indemnify and hold Get Your Joey's officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the Site, (b) your connection to the Site, (c) your violation of these Terms or (d) your violation of any rights of a third party.
The site may provide, or third parties may provide, links to other websites or resources. Because Get Your Joey has no control of such sites and resources, you acknowledge and agree that Get Your Joey is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Get Your Joey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Prices for products on Get Your Joey are described on our website and are incorporated into these Terms by reference. All prices are for the currency reflected on the Site at the time of purchase. Prices and products may change at Get Your Joey’s discretion.
Title and risk of loss for all products ordered by you shall pass to you on Get Your Joey’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of products ordered by you through the site, unless otherwise stated on the site or agreed by Get Your Joey (such as through a special offer).
11) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GET YOUR JOEY AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES
OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GET YOUR JOEY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
GET YOUR JOEY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
12) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL GET YOUR JOEY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE
OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND GET YOUR JOEY’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY GET YOUR JOEY OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO GET YOUR JOEY FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Get Your Joey shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Get Your Joey, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances.
This Agreement will be governed by the laws of the Province of Manitoba. Get Your Joey may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Winnipeg, Manitoba, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Winnipeg, MB, necessary to protect the rights or the property of you or Get Your Joey (or its Representatives), pending the completion of arbitration.
Customers shipping into the European Union (EU) who have a problem with their purchase that was not resolved by Get Your Joey’s customer service department and wish to lodge a complaint should contact theEuropean Commission Online Dispute Resolution service.