Terms and Conditions
Effective February 1st 2021
Jigged, Inc. provides a personalized subscription service that
allows our members to access information ("Jigged, Inc. content")
discussed over the Internet to certain computers and other internet
ready devices ("Jigged, Inc. ready devices").
You have accepted these Terms of Use, which govern your use of our
service. Personally identifying information is subject to our
Privacy Statement, the terms of which are incorporated herein.
Please review our Privacy Statement to understand our practices.
As used in these Terms of Use, "Jigged, Inc. service", "our service"
or "the service" means the personalized service provided by Jigged,
Inc., including all features and functionalities, early links,
information on retail websites, and user interfaces, as well as all
content and software associated with our service.
Membership
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1.1. Your Jigged, Inc. membership will continue month-to-month
and automatically renew until terminated. To use the Jigged,
Inc. service you must have Internet access and a Jigged, Inc.
ready device and provide us with one or more Payment Methods.
"Payment Method" means a current, valid, accepted method of
payment, as may be updated from time to time and which may
include payment through your account with a third party. You
must cancel your membership before it renews each month in order
to avoid billing of the next month's membership fees to your
Payment Method (see "Cancellation" below).
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1.2. We may offer a number of membership plans, including
special promotional plans or memberships offered by third
parties in conjunction with the provision of their own products
and services. We are not responsible for the products and
services provided by such third parties. Some membership plans
may have differing conditions and limitations, which will be
disclosed at your sign-up or in other communications made
available to you. You can find specific details regarding your
Jigged, Inc. membership by visiting our website and clicking on
the "Account" link.
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1.3. We reserve the right to change or terminate any offered
subscriptions or promotions at any time. Additionally, we
reserve the right to refuse, modify, or terminate all or part of
our Services to anyone for any reason at our discretion.
Free Trials
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2.1. Your Jigged, Inc. membership may start with a free trial.
The free trial period of your membership lasts for one month, or
as otherwise specified during sign-up and is intended to allow
new and certain former members to try the service.
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2.2. Free trial eligibility is determined by Jigged, Inc. at its
sole discretion and we may limit eligibility or duration to
prevent free trial abuse. We reserve the right to revoke the
free trial and put your account on hold in the event that we
determine that you are not eligible. We may use information such
as device ID, method of payment or an account email address used
with an existing or recent Jigged, Inc. membership to determine
eligibility. For combinations with other offers, restrictions
may apply.
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2.3. We will charge your Payment Method for your monthly
membership fee at the end of the free trial period and your
membership will automatically renew monthly unless you cancel
your membership prior to the end of the free trial period. To
view the monthly membership price and end date of your free
trial period, visit our website and click the "Billing details"
link on the "Account" page.
Billing and Cancellation
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3.1. Billing Cycle. The membership fee for the Jigged, Inc.
service any other charges you may incur in connection with your
use of the service, such as taxes and possible transaction fees,
will be charged on a monthly basis to your Payment Method on the
calendar day corresponding to the commencement of the paying
portion of your membership until your membership is cancelled.
Membership fees are fully earned upon payment. In some cases
your payment date may change, for example if your Payment Method
has not successfully settled or if your paid membership began on
a day not contained in a given month. Visit our website at
Jigged, Inc..com/dashboard and review your "Account" page to see
your next payment date. We may authorize your Payment Method in
anticipation of membership or service-related charges through
various methods, including authorizing it up to approximately
one month of service as soon as you register. In some instances,
your available balance or credit limit may be reduced to reflect
the authorization during your free trial period.
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3.2. Payment Methods. To use the Jigged, Inc. service you must
provide one or more Payment Methods. You can update your Payment
Methods by going to the "Account" page. We may also update your
Payment Methods using information provided by the payment
service providers. Following any update, you authorize us to
continue to charge the applicable Payment Method(s). You
authorize us to charge any Payment Method associated to your
account in case your primary Payment Method is declined or no
longer available to us for payment of your subscription fee. You
remain responsible for any uncollected amounts. If a payment is
not successfully settled, due to expiration, insufficient funds,
or otherwise, and you do not cancel your account, we may suspend
your access to the service until we have successfully charged a
valid Payment Method. For some Payment Methods, the issuer may
charge you certain fees, such as foreign transaction fees or
other fees relating to the processing of your Payment Method.
Check with your Payment Method service provider for details.
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3.3. Cancellation. You can cancel your Jigged, Inc. membership
at any time, and you will continue to have access to the Jigged,
Inc. service through the end of your monthly billing period. We
do not provide refunds or credits for any partial-month
membership periods or unwatched Jigged, Inc. content. To cancel,
go to the "Account" page on our website and follow the
instructions for cancellation. If you cancel your membership,
your account will automatically close at the end of your current
billing period. To see when your account will close, click
"Billing details" on the "Account" page. If you signed up for
Jigged, Inc. using your account with a third party as a Payment
Method and wish to cancel your Jigged, Inc. membership, you may
need to do so through that third party, for example by visiting
your account with the applicable third party and turning off
auto-renew, or unsubscribing from the Jigged, Inc. service
through that third party. You may also find billing information
about your Jigged, Inc. membership by visiting your account with
the applicable third party.
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3.4. Changes to the Price and Subscription Plans. We reserve the
right to change our subscription plans or adjust pricing for our
service or any components thereof in any manner and at any time
as we may determine in our sole and absolute discretion. Except
as otherwise expressly provided for in these Terms of Use, any
price changes or changes to your subscription plan will take
effect following notice to you.
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3.5. No Refunds. Payments are nonrefundable and there are no
refunds or credits for partially used periods. Following any
cancellation, however, you will continue to have access to the
service through the end of your current billing period. At any
time, and for any reason, we may provide a refund, discount, or
other consideration to some or all of our members ("credits").
The amount and form of such credits, and the decision to provide
them, are at our sole and absolute discretion. The provision of
credits in one instance does not entitle you to credits in the
future for similar instances, nor does it obligate us to provide
credits in the future, under any circumstance.
Jigged, Inc. Service
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4.1. You must be 18 years of age, or the age of majority in your
province, territory or country, to become a member of the
Jigged, Inc. service. Individuals under the age of 18, or
applicable age of majority, may utilize the service only with
the involvement of a parent or legal guardian, under such
person's account and otherwise subject to these Terms of Use.
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4.2. The Jigged, Inc. service and any content provided through
our service are for your personal use and may not be shared with
individuals beyond your household. During your Jigged, Inc.
membership, we grant you a limited, non-exclusive,
non-transferable right to access the Jigged, Inc. service and
view Jigged, Inc. content through the service. Except for the
foregoing, no right, title or interest shall be transferred to
you.
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4.3. You may not sell or transfer the account, and any actions
to do so will terminate said account immediately. Upon this
action, no refunds will be issued due to violation of this rule.
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4.4. We have strict rules in accordance to language and abuse of
our chat system. In the event of any such violation, a warning
will be issued via Direct Message, and any repeated violation
will result in the termination of membership. We ask that all
members abide by treating others within the service with utmost
respect, and any abusive chat will not be tolerated.
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4.5. The Jigged, Inc. service, including the content provided,
is regularly updated. In addition, we continually test various
aspects of our service, including but not limited to our
website, user interfaces, promotional features and availability
of Jigged, Inc. content.
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4.6. You agree to use the Jigged, Inc. service, including all
features and functionalities associated therewith, in accordance
with all applicable laws, rules and regulations, or other
restrictions on use of the service or content therein. Except as
explicitly authorized in these Terms of Use, you agree not to
archive, download, reproduce, distribute, modify, display,
perform, publish, license, create derivative works from, offer
for sale, or use content and information contained on or
obtained from or through the Jigged, Inc. service. You also
agree not to circumvent, remove, alter, deactivate, degrade or
thwart any of the content protections in the Jigged, Inc.
service; use any robot, spider, scraper or other automated means
to access the Jigged, Inc. service; decompile, reverse engineer
or disassemble any software or other products or processes
accessible through the Jigged, Inc. service; insert any code or
product or manipulate the content of the Jigged, Inc. service in
any way; or use any data mining, data gathering or extraction
method. In addition, you agree not to upload, post, e-mail or
otherwise send or transmit any material designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment associated with the
Jigged, Inc. service, including any software viruses or any
other computer code, files or programs. We may terminate or
restrict your use of our service if you violate these Terms of
Use or are engaged in illegal or fraudulent use of the service.
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4.7. By using our service, you agree that the information we
provide for acquiring products are at the sole discretion of the
user to purchase. We do not make any type of claims to guarantee
value of the items, or insure the user will acquire the item(s).
Passwords and Account Access
The member who created the Jigged, Inc. account and whose Payment
Method is charged (the "Account Owner") has access and control over
the Jigged, Inc. account and the Jigged, Inc. ready devices that are
used to access our service and is responsible for any activity that
occurs through the Jigged, Inc. account. To maintain control over
the account and prevent anyone from accessing the account, the
Account Owner should maintain control over the Jigged, Inc. ready
devices that are used to access the service and not reveal the
password or details of the Payment Method associated to the account
to anyone. You are responsible for updating and maintaining the
accuracy of the information you provide to us relating to your
account. We can terminate your account or place your account on hold
in order to protect you, or Jigged, Inc. from identity theft or
other fraudulent activity. Jigged, Inc. is not obligated to credit
or discount a membership for holds placed on the account by either a
representative of Jigged, Inc. or by the automated processes of
Jigged, Inc.
Disclaimers of Warranties and Limitations on Liability
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6.1. THE JIGGED, INC. SERVICE AND ALL CONTENT ASSOCIATED
THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED
WITH THE JIGGED, INC. SERVICE, ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
JIGGED, INC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR
USE OF THE JIGGED, INC. SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE. JIGGED, INC. SPECIFICALLY DISCLAIMS LIABILITY FOR
THE USE OF APPLICATIONS, JIGGED, INC. READY DEVICES.
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6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO
EVENT SHALL JIGGED, INC., OR ITS SUBSIDIARIES OR ANY OF THEIR
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE
LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER.
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6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
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6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE
STATUTORY RIGHTS THAT APPLY TO YOU.
Arbitration Agreement
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7.1. If you are a Jigged, Inc. member in the United States
(including its possessions and territories), you and Jigged,
Inc. agree that any dispute, claim or controversy arising out of
or relating in any way to the Jigged, Inc. service, these Terms
of Use and this Arbitration Agreement, shall be determined by
binding arbitration or in small claims court. Arbitration is
more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, allows for more
limited discovery than in court, and is subject to very limited
review by courts. Arbitrators can award the same damages and
relief that a court can award and nothing in this Arbitration
Agreement shall be interpreted as limiting any non-waivable
statutory rights. You agree that, by agreeing to these Terms of
Use, the U.S. Federal Arbitration Act governs the interpretation
and enforcement of this provision, and that you and Jigged, Inc.
are each waiving the right to a trial by jury or to participate
in a class action. This arbitration provision shall survive
termination of this Agreement and the termination of your
Jigged, Inc. membership.
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7.2. If you elect to seek arbitration or file a small claim
court action, you must first send to Jigged, Inc., by certified
mail, a written Notice of your claim ("Notice"). The Notice to
Jigged, Inc. must be addressed to: Jigged, Inc. 65 West
Pettebone St, Forty Fort, PA 18704 ("Notice Address"). If
Jigged, Inc. initiates arbitration, it will send a written
Notice to the email address used for your membership account. A
Notice, whether sent by you or by Jigged, Inc., must (a)
describe the nature and basis of the claim or dispute; and (b)
set forth the specific relief sought ("Demand"). If Jigged, Inc.
and you do not reach an agreement to resolve the claim within 30
days after the Notice is received, you or Jigged, Inc. may
commence an arbitration proceeding or file a claim in small
claims court.
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7.3. If you are required to pay a filing fee for arbitration,
after Jigged, Inc. receives notice at the Notice Address that
you have commenced arbitration, Jigged, Inc. will reimburse you
for your payment of the filing fee, unless your claim is for
greater than US$10,000, in which event you will be responsible
for filing fees.
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7.4. The arbitration will be governed by the Commercial
Arbitration Rules (the "AAA Rules") of the American Arbitration
Association ("AAA"), as modified by this Agreement, and will be
administered by the AAA. The AAA Rules and Forms are available
online at www.adr.org, by calling the AAA at 1-800-778-7879, or
by writing to the Notice Address. The arbitrator is bound by the
terms of this Agreement. All issues are for the arbitrator to
decide, including issues relating to the scope and
enforceability of this arbitration agreement. Unless Jigged,
Inc. and you agree otherwise, any arbitration hearings will take
place in the county (or parish) of your residence. The
arbitrator's award shall be final and binding on all parties,
except (1) for judicial review expressly permitted by law or (2)
if the arbitrator's award includes an award of injunctive relief
against a party, in which case that party shall have the right
to seek judicial review of the injunctive relief in a court of
competent jurisdiction that shall not be bound by the
arbitrator's application or conclusions of law.
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7.5. If your claim is for US$10,000 or less, we agree that you
may choose whether the arbitration will be conducted solely on
the basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If your claim exceeds US$10,000, the right to a
hearing will be determined by the AAA Rules. Regardless of the
manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision explaining the essential
findings and conclusions on which the award is based. If the
arbitrator issues you an award that is greater than the value of
Jigged, Inc.'s last written settlement offer made before an
arbitrator was selected (or if Jigged, Inc. did not make a
settlement offer before an arbitrator was selected), then
Jigged, Inc. will pay you the amount of the award or US$5,000,
whichever is greater. Except as expressly set forth herein, the
payment of all filing, administration and arbitrator fees will
be governed by the AAA Rules.
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7.6. YOU AND JIGGED, INC. AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and Jigged,
Inc. agree otherwise, the arbitrator may not consolidate more
than one person's claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then
the entirety of this arbitration provision shall be null and
void.
Miscellaneous
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9.1. Feedback. Jigged, Inc. is free to use any comments,
information, ideas, concepts, reviews, or techniques or any
other material contained in any communication you may send to us
("Feedback"), including responses to questionnaires/surveys or
through postings to the Jigged, Inc. service, including the
Jigged, Inc. website and user interfaces, worldwide and in
perpetuity without further compensation, acknowledgement or
payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and
creating, modifying or improving the Jigged, Inc. service. In
addition, you agree not to enforce any "moral rights" in and to
the Feedback, to the extent permitted by applicable law.
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9.2. Customer Support. To find more information about our
service and its features, or if you need assistance with your
account, please contact a Jigged, Inc. Admin in Billing and
Membership services.
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9.5. Survival. If any provision or provisions of these Terms of
Use shall be held to be invalid, illegal, or unenforceable, the
validity, legality and enforceability of the remaining
provisions shall remain in full force and effect.
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9.6. Changes to Terms of Use and Assignment. Jigged, Inc. may,
from time to time, change these Terms of Use. Such revisions
shall be effective immediately; provided however, for existing
members, such revisions shall, unless otherwise stated, be
effective 30 days after posting. We may assign our agreement
with you to any affiliated company or to any entity that
succeeds to all or substantially all of our business or assets
related to the applicable Jigged, Inc. service.
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9.7. Communication Preferences. We will send you information
relating to your account (e.g. payment authorizations, invoices,
changes in password or Payment Method, confirmation messages,
notices) in electronic form only, for example via emails to your
email address provided during registration. You agree that any
notices, agreements, disclosures or other communications that we
send to you electronically will satisfy any legal communication
requirements, including that such communications be in writing.