This User Agreement for Buyers (the “Buyer Agreement”), the Privacy Notice, and all policies posted on our website (“Site”) set out the terms on which Sir William Jackson Inc. (“Sir William Jackson” or “SWJ”) offers buyers access to and use of our Site, services, and tools (collectively “Services”). All policies and the Privacy Notice are incorporated into this Buyer Agreement. Buyers agree to comply with all of the above when accessing or using our Services as a buyer.
The entity you are contracting with is Sir William Jackson Inc., 955 Deep Valley Drive # 4687, Palos Verdes Peninsula, California, 90274-9998. In this Buyer Agreement, this entity is referenced as any of “SirWilliamJackson”, “SWJ”, “we”, or “us”. A buyer is referenced below as “buyer”, “you”, or “your”; use of the term “user” may refer to a buyer or a seller.
This Buyer Agreement contains provisions that govern how claims you and we might have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability, and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
SWJ is a marketplace that allows buyers the opportunity to buy any number of products and services (sometimes collectively referenced as “items” below) in a variety of pricing formats. Items will be offered by SWJ directly in some cases and by third parties in other cases. SWJ policies and practices apply with respect to items offered and sold by SWJ; each third party may have different policies, and you should make yourself aware of the policies and contractual provisions offered by each different seller. The actual contract for sale is directly between the seller and buyer.
While we may provide pricing, shipping, listing, and other guidance to third-party sellers on our Site, we may or may not be aware of when they have not complied with those guidelines and agreements. Also, while we may help facilitate the resolution of disputes, SWJ has no control over and does not guarantee as to third-party sellers the existence, quality, safety, or legality of items advertised; the truth or accuracy of sellers’ content or listings; the ability of buyers to pay for items; or that a third-party seller will actually complete a transaction or accept return of an item.
In connection with using or accessing the Services you will not:
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- ask the seller to complete the purchase off our Site or otherwise attempt to circumvent the completion of a sale through our Site or one of our affiliate sites;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Site, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an SWJ policy, such as, for example, the seller has materially changed the item’s description after you buy, a clear typographical error is made, or you cannot contact the seller (see our Unpaid Item Policy);
- make unreasonable demands, misuse the return policy of any seller, abuse the Money Back Assistance Policy, or engage in any conduct in violation of any other policy on this site;
- manipulate or attempt to manipulate the price of any item or interfere with any seller’s listings or the ability of another buyer to access our Services;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems (see about our Feedback Policy), including leaving any Feedback on behalf of or at the behest of another seller of goods or services similar to the seller being reviewed;
- transfer your SWJ account or user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute or attempt to distribute viruses or any other technologies that may harm SWJ or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of SWJ;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any SWJ application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral right, database, or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to SWJ. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to SWJ or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
- commercialize any SWJ application or any information or software associated with such application, except with the prior express permission of SWJ;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
If we believe you are abusing SWJ in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate any or all your user accounts and access to our Services, delay or remove hosted content, remove any special status associated with any or all your accounts, remove and demote listings, reduce or eliminate any discounts, and take any or all technical or legal steps to prevent you from using our Services.
References on our Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. SWJ is not responsible for the content of any third-party linked site or any link contained in a linked site. Your use of a third-party site linked from our Site is at your own risk and will be governed by such third party’s terms and policies.
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose within our sole discretion to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
We may remove your ability to purchase any item through SWJ if you violate Intellectual Property Rights, any other law, any SWJ policy, or this Buyer Agreement in any regard.
SWJ, or the collection agencies we retain, may report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information SWJ reported to a credit bureau, please contact us at the address above. If you wish to dispute the information a collection agency reported to a credit bureau regarding your SWJ account, you must contact the collection agency directly.
When buying an item, you agree to the rules for buyers and that:
- You are responsible for reading the full item listing before making a commitment to buy.
- All your billing information is accurate.
- You enter into a legally binding contract to purchase an item when you commit to buy an item.
An order may be cancelled or refused for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified with your credit or by fraud avoidance measures. You will be contacted if all or any portion of your order is cancelled or if additional information is required to accept your order. The seller may request a pre-authorization for some orders placed online with a credit or debit card. Although this pre-authorization will not be billed to you, your card issuer may hold this amount for a short period that is within the discretion of your card issuer.
A seller may limit the quantity of items purchased by a person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing or shipping address.
SWJ does not transfer legal ownership of items from a third-party seller to the buyer. That is the responsibility of you and the third-party seller.
California law (without regard to its principles on conflicts of law) applies to the transfer of ownership between the buyer and any seller (including us), unless the buyer and the seller agree otherwise, which may be accomplished by a seller of an item posting the applicability of a different jurisdiction’s law in that seller’s terms and conditions for sale of an item.
SWJ takes no responsibility and assumes no liability for any content provided by a third-party seller, including without limitation whether an item posted for sale violates any Intellectual Property Rights.
Also, we may offer catalogs including, for example, product images, descriptions and specifications that are provided by third parties (including SWJ users). You may use catalog content solely in connection with listings on SWJ. The permission to use catalog content is subject to modification or revocation at any time at SWJ’s sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that SWJ is not responsible for examining or warranting the listings or content provided by third parties or by third-party sellers through the Services, and that you will not attempt to hold us liable for any inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content.
The name “SirWilliamJackson” and other SWJ marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of SWJ in the U.S. and other countries. They may not be used without the express written prior permission of SWJ.
Authorization to Contact You; Recording Calls
SWJ may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this Buyer Agreement, our policies, applicable law, or any other agreement we may have with you. SWJ may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, SWJ may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time in your online account with us.
SWJ may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by SWJ to carry out the purposes we have identified above.
SWJ may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SWJ or its agents for quality control and training purposes, or for its own protection.
Privacy of Others; Marketing
If SWJ provides you with information about another user or if you obtain any information regarding a user of any SWJ services to anyone through your use of the Services, you will use the information only for the purposes that it is provided to you. Without limit on the foregoing, you may not disclose, sell, rent, or distribute any user’s information to any third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances.
Items purchased will not be shipped outside the United States unless approved specifically in writing by SWJ.
SWJ Money Back Assistance
Most SWJ sales go smoothly, but if there’s a problem with a purchase, the Money Back Assistance Policy helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any Money Back Assistance Policy case.
We may suspend the Money Back Assistance Policy in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Functionality of the Site may be subject to delays beyond SWJ’s control.
You agree that we are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, the only warranties that are made in connection with an item are those that the seller sets out specifically in writing for the item.
Furthermore, we exclude all express warranties made by third-party sellers on our Site, as well as implied warranties, terms, and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our subsidiaries and affiliates and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the information you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by SWJ;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any SWJ Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; or
- a suspension or other action taken with respect to your account or breach of the Abusing SirWilliamJackson section or any other policy above;
Some jurisdictions limit or do not allow the disclaimer of warranties or exclusion of damages, so the disclaimers and exclusions may not apply to you in whole or in part.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Money Back Assistance Policy up to the price the item sold for on SWJ (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents, all of whom, together with us, will be referenced as the “SWJ Indemnitees”) harmless from any claim or demand made by any third party against any of the SWJ Indemnitees for any reason due to or arising out of your breach of this Agreement, your improper use of SWJ’s Services, your purchase of any goods or services on the SWJ Site, or your breach of any law or the rights of a third party. The amounts that we may recover from you under this indemnity include not only all damages for which we may be found liable but also all costs incurred by us, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of any kind whatsoever incurred in connection with defense against any such claims and demands.
SWJ grants you the right to use the Site only for your use in buying a product or service. You must comply with all applicable laws and third party terms of agreement when using the Site (e.g., your wireless data service agreement).
SWJ owns, or is the licensee to, all right, title, and interest in and to its Site including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Site and you will not remove, obscure, or alter SWJ’s copyright notice, trademarks, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with the Site.
Prohibited Countries Policy and Foreign Trade Regulation
The technology underlying the Site may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using the Site, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SWJ HAVE AGAINST EACH OTHER ARE RESOLVED.
You and SWJ agree that any claim or dispute at law or equity that has arisen, or may arise, between us relating in any way to or arising out of this or previous versions of the Buyer Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A) Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Buyer Agreement and any claim or dispute that has arisen or may arise between you and SWJ, except as otherwise stated in the Buyer Agreement.
B) Agreement to Arbitrate
You and SWJ each agree that any and all disputes or claims that have arisen, or may arise, between you and SWJ relating in any way to or arising out of this or previous versions of the Buyer Agreement, your use of or access to SWJ’s Services, or any products or services sold, offered, or purchased through SWJ’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
You and SWJ agree that each of us 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 or private attorney general action or proceeding. Unless both you and SWJ agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to right to appeal of the court’s decision. All other claims will be arbitrated.
- Arbitration and Pre-Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice of Dispute. The completed and signed Notice of Dispute should be sent to Sir William Jackson Inc., Attn: Litigation Department, Re: Notice of Dispute, 995 Deep Valley Drive #4687, Palos Verdes Peninsula, California 90274-9998. SWJ will send any Notice to you to the physical address we have on file associated with your SWJ account. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and SWJ are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or SWJ may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at . In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to SWJ at the following address: Sir William Jackson Inc., ℅ William DeWhite Jackson, 955 Deep Valley Drive #4687, Palos Verdes Peninsula, California 90274-9998. In the event SWJ initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your SWJ account. Any settlement offer made by you or SWJ shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or SWJ may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SWJ subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you or SWJ may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SWJ user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $5,000 or less, at your request, SWJ will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by SWJ should be submitted by mail to the AAA along with your Demand for Arbitration and SWJ will make arrangements to pay all necessary fees directly to the AAA. If (a) you fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SWJ for all fees associated with the arbitration paid by SWJ on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
C) Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SWJ must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and SWJ agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes. The parties further agree to the judicial reference process established in the California Code of Civil Procedure (Sections 638, et seq.) for resolution of the dispute.
Except as otherwise provided in this Agreement, if any provision of this Buyer Agreement is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Buyer Agreement, and in such event, we will post notice on our Site.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Buyer Agreement.
We may amend this Buyer Agreement at any time by posting the amended terms on our Site. Our right to amend the Buyer Agreement includes the right to modify, add to, or remove terms in the Buyer Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Buyer Agreement through an electronic click-through. This Buyer Agreement may not otherwise be amended except through mutual agreement in writing by you and an SWJ representative who intends to amend this Buyer Agreement and is duly authorized to agree to such an amendment.
The policies posted on our Site may be changed from time to time. Changes take effect when we post them on the SWJ Site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Buyer Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Buyer Agreement.
The Buyer Agreement, the User Privacy Notice, and all polices posted through our Services set forth the entire understanding and agreement between you and SWJ, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Buyer Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity; Intellectual Property; Prohibited Countries Policy and Foreign Trade Regulation; and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, buyers and sellers may elect to submit complaints against one another to the American Arbitration Association (“AAA”) under its rules and procedures. Such complaints shall be decided by an independent arbitrator in accordance with this Buyer Agreement. Buyers and sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.