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HelpAboutAccessibilityTermsPrivacy
GRAILED, LLC TERMS OF SERVICE
Welcome to Grailed! We love having you here and are stoked to support your style
journey. What follows are some ground rules all Grailed users must agree to.
We want these terms to be easy to understand, so we added some simple summaries
throughout.Disclaimer: The summaries are not a part of the Terms. They are
simply a user-friendly reference to the legal language of our Terms.
If you have any questions about these Terms, please reach out by contacting us
here. For information about how we collect, use, share and otherwise process
information about you, please see our Privacy Notice.
1. What is Grailed?
Intro. You are entering into these Terms of Service (the "Terms") with
Grailed, LLC ("Grailed", "we", "us" or "our").
The Grailed services, including the website located at www.grailed.com and
the Grailed mobile apps (collectively, the "Services") provide a platform
where users can offer, sell, buy, and discover products ("Products"). Users
who purchase Products are called "Buyers," and users who sell Products are
called "Sellers." When using the Services, Buyers and Sellers enter into a
contract for the sale and purchase of Products directly between themselves,
and Grailed is not a party to such sale or purchase.
2. Accepting the Terms of Service
Agreement. These Terms are a legally binding contract between you and
Grailed and apply to your use of all Services. By creating an account or by
using our Services in any manner, you agree to these Terms. In addition,
when using certain parts of the Services, you may be subject to additional
applicable terms, policies or guidelines that may be posted on the Services
from time to time. All such terms, policies and guidelines are incorporated
by reference into these Terms. Please read all such terms, policies and
guidelines carefully.
Buying, selling, or just browsing is how you agree to be bound by these
Terms. You can only use Grailed if you agree to these Terms. These Terms
protect Grailed from legal risk but also provide protection for you and set
out ground rules that help Grailed stay a safe and friendly place.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR
SERVICES.
Arbitration Notice. PLEASE READ THE MANDATORY ARBITRATION PROVISION (TO THE
EXTENT LEGALLY ALLOWED IN YOUR JURISDICTION) IN SECTION 20, WHICH REQUIRES
THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL
BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE
SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY
FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 20.
This is a heads up that these Terms have a provision where you agree to
resolve all disputes with Grailed through binding individual arbitration,
which means that you waive any right to have those disputes decided by a
judge or jury, and that you waive your right to participate in class
actions, class arbitrations, or representative actions.
3. Who Can Use Grailed?
Minimum Age. You must be at least 16 years of age to use the Services. If
you are under the age of 18 (or the age of legal majority where you live),
you may only use the Services under your parent or legal guardian's
supervision and you may not list items for sale through the Services. If
you are a parent or legal guardian of a user under the age of 18 (or the
age of legal majority), you agree to be fully responsible for their use of
the Services.
You cannot use Grailed if you're under 16 (or older in some countries). If
you're under 18 — your parent or legal guardian is responsible for your
actions on Grailed and is legally bound by these Terms.
Use on Behalf of Another. If you use our Services on behalf of another
person or entity, (a) all references to "you" throughout these Terms will
include that person or entity, (b) you represent that you are authorized to
accept these Terms on that person's or entity's behalf, and (c) in the
event you or the person or entity violates these Terms, the person or
entity agrees to be responsible to us.
Users Outside of the US. If you are using the Services from a country
embargoed by the US or are on the US Treasury Department's list of
"Specially Designated Nationals," you agree that you will not engage in
financial transactions or conduct any commercial activities through the
Services.
You cannot use Grailed if you or your country are prohibited from doing
business with the US.
4. Accounts and Account Security
You may need to register for an account to access our Services. You must
provide accurate account information and update your information if it
changes. You must also maintain the security of your account and notify us
if you discover or suspect that someone has accessed your account without
your permission. Where you have provided your phone number or email address
during or after the registration process, you agree for us to send you
security codes by text message or email to verify your identity as a
registered user. We reserve the right to suspend or terminate your Grailed
account and your account(s) with any ofGrailed's affiliates or remove any
content, activity, or account information that you share or is made public
through the Services, for any reason at our discretion, including for
breach of these Terms, failure to provide certain information or verify
your identity when prompted, or if any information provided during the
registration process or thereafter proves to be inaccurate, not current, or
incomplete. If you permit others to use your account credentials, you are
responsible for the activities of such users. We reserve the right to
reclaim usernames, including on behalf of businesses or individuals that
hold legal claims in those usernames.
You agree that your account is not transferable and that in the event of
your death, incapacity, or unavailability, we may terminate any rights to
your account or User Content (defined below).
It is important that the information associated with your Grailed account
is accurate. If you ever forget your password, are victim to a cyberattack,
or have any other issues with your account — updated account information
helps us recover accounts and contact you.We also ask you to help us fight
bad actors by letting us know of suspicious activity.
5. Additional Terms and Modifications
We may change or update these Terms from time to time. We will notify you
of material changes. We reserve the right to determine the form and means
of providing notification to you and you agree to receive legal notices
electronically. Changes will be effective upon the posting of the changes
unless otherwise specified. Your use of the Services following the changes
constitutes your acceptance of the updated Terms. If you do not agree to
the updated Terms, you must stop using our Services.
As Grailed grows and evolves, we might have to make changes to these Terms.
When we make major changes, we will let you know. If you do not agree to
the new Terms, please stop using Grailed.
6. Services Generally
License to You. Subject to your compliance with these Terms, we grant you a
limited, non-exclusive, non-transferable, and revocable license to access
and use our Services for your own personal use.
Inherent Risk. You assume certain risks in using a service such as Grailed.
Grailed is not involved with, nor provides a warranty for, any transaction
between Buyers and Sellers, does not have or take title to any Products,
and does not warrant that a Buyer or Seller will actually complete a
transaction or return an item. You as a Buyer and/or Seller assume, agree,
and understand you bear all of the risks in selling or purchasing Products
on the Services.
Unfortunately, we cannot control all user conduct on a platform like
Grailed. We take all issues seriously, but you still might run into bad
things before we have a chance to address them.
Off-Site Activity. For your safety, we discourage off-site transactions and
the sharing of contact information, including email addresses and phone
numbers, prior to completing a transaction through the Services. Initiating
conversations regarding a Product purchase outside of the Services,
completing purchases outside of the Services, and soliciting users to
Grailed competitors or attempting to circumvent Grailed fees by completing
transactions initiated on Grailed off-site, are considered off-site
activities. If you choose to engage in off-site activities, Grailed makes
no representations or warranties of any kind, express or implied, about the
reliability, accuracy, suitability, safety, or authenticity of
communications or transactions performed off-site or the individuals
involved in such transactions. All off-site activity is strictly at your
own risk. Moreover, transactions conducted outside of the Services are not
eligible for any protection provided by Grailed or Grailed Purchase
Protection (defined below). Grailed reserves the right to suspend or
terminate your access to the Services for any reason in accordance with
these Terms, including in the event of any off-site activity, as determined
solely by Grailed.
For more information about off-site activity go here.
7. Seller Terms
When you sell Products through the Services, you are considered a Seller
and you agree to the terms in the following provisions.
Product Listings. To sell a Product through the Services, Sellers must
publish pictures and information about the Products ("Product Listing"). To
list a Product for sale on Grailed, Sellers must first connect a verified
PayPal account to their Grailed account, unless otherwise permitted by
Grailed. Thereafter, Grailed may offer Sellers the option to choose which
third-party payment processor (a "Payment Processor") to accept payments
through. For more information on Payment Processors see Section 14.
This section describes how to list a product on Grailed. You can find
helpful tips on how to list a product here.
As a Seller, you agree that: (a) you are solely responsible for the
accuracy and content of any Product Listing, including its lawfulness; (b)
you have all rights necessary to sell your Products; (c) you will not list
or sell any counterfeit Products; (d) we cannot guarantee exact Product
Listing durations; (e) we may modify Product Listings at our sole
discretion; (f) you authorize us to offer your Product Listing for sale in
any such manner as we deem appropriate, including by making your Product
Listing available on other platforms, websites and/or mobile applications,
including those operated by us or our affiliates; (g) we reserve the right
to delete any Product Listings for any reason upon notice to you; (h) a
Product Listing is not guaranteed to appear or not appear in any particular
search and browse results; and (i) you are responsible for complying with
all laws and regulations applicable to the sale of your Products and you
will promptly assist Grailed in its compliance with applicable laws and
regulations, as requested by Grailed.
We ask sellers to be responsible for their items, follow the law, and not
mislead buyers. Unfortunately, issues with listings come up, so we need to
be able to remove problematic listings.We do our best to market items sold
on Grailed and to ensure search results turn up what buyers want to see,
but we cannot guarantee specific advertising or search result placement to
our users.
The Services may include functionality for suggesting more effective
selling, such as discounting Products and Product price suggestions, but
Sellers have sole discretion to set prices.
Offer and Acceptance. Buyers can buy Products from you immediately at the
listed price. You cannot accept further offers on Products sold through the
"Purchase" option. Alternatively, Buyers can negotiate the price of a
Product with you. We will notify you if a potential Buyer makes an offer on
your Product Listings. If you receive an offer, you can accept, counter, or
decline that offer. Non-binding offers are offers made through PayPal guest
checkout, or if both you and the Buyer are located in the EU, the UK, or
another jurisdiction that does not allow automatically binding
transactions. Binding offers are all other offers. If you accept a binding
offer, you enter into a legally binding contract with the applicable Buyer,
pursuant to which the Buyer is obligated to purchase the Product and you
agree to ship the Product (as it is described in the Product Listing) to
such Buyer for the price that you accepted. If you accept a non-binding
offer, the Buyer must initiate fund transmission to you. Once funds
transmission is initiated, you enter into a legally binding contract with
the applicable Buyer to ship the Product (as it is described in the Product
Listing) to such Buyer for the price that you accepted. If you counter or
decline an offer, we will notify the Buyer.
For a summary of the offer and purchase process, including details about
what makes offers binding, please visit the Selling and Buying sections in
our Help Center.
Seller Commission and Payment Processing Fees. Sellers must pay Grailed a
commission on the total transaction amount received by a Seller (including
VAT, if any, and any applicable shipping costs) in respect of any sale of a
Product through the Services. Grailed also charges a payment processing fee
for each transaction processed by its third-party Payment Processors. The
fee amount will be assessed on the total transaction amount, including
shipping and tax (if applicable). Grailed reserves the right to modify the
payment processing fee at any time. The commission will be deducted from
the amount paid by a Buyer to the Seller through the Payment Processor
applicable to that transaction. Commission rates are subject to change at
our sole discretion, upon notice to you.
It is free to create an account on Grailed, but we do charge sellers a
commission for providing a platform to sell on. Additionally, we charge
payment processing fees. Click here for more information about the
commission we charge, as well as information about fees associated with our
Payment Processors.
Shipping. Eligible Sellers may use, and certain Sellers may be required to
use, our "Grailed Labels" service to select a shipping rate, download a
shipping label, and track their package; see here for more details and
applicable terms. Grailed reserves the right to discontinue providing or
require the use of Grailed Labels to any or all users at any time and for
any reason. All Sellers must ship Products within seven (7) calendar days
(unless otherwise agreed to by the applicable Buyer) after a binding offer
for a Product is accepted or after fund transfer is initiated by the Buyer
for non-binding offers. Eligible Sellers that have elected into expedited
shipping must ship Products within two (2) calendar days after a binding
offer for a Product is accepted or after fund transfer is initiated by the
Buyer for non-binding offers. If a Seller does not ship and provide
tracking for the Product within seven (7) calendar days (unless otherwise
agreed to by the applicable Buyer), the order will be automatically
canceled, and the Buyer will be refunded to their original payment method
and the Seller's account will not be credited for any canceled order.
Sellers are responsible for the contents of their parcels and must comply
with all terms and conditions of the applicable shipping carrier.
Seller Payouts and Refunds. Except as otherwise set forth herein, Seller's
account will be credited with the amount equal to the purchase price, minus
taxes, Grailed's commission, Grailed Labels costs (if applicable), and any
applicable fees no later than three (3) calendar days after the tracking
information indicates that the Product has been delivered to the Buyer.
Notwithstanding anything to the contrary herein, Grailed may hold on
crediting a Seller account for a period necessary for Grailed to determine
that a Product has actually been delivered to resolve a Buyer-initiated
claim, or if prescribed by applicable laws or regulations. Seller may
redeem credited amounts through Grailed's permitted third-party Payment
Processors.
Notwithstanding anything to the contrary herein, in the event Grailed
determines that a shipment was not fulfilled (including if the tracking
information provided appears to have been fraudulent; Grailed determines
that the Product shipped is not as described on the Product Listing; the
Product is unlawful, etc.) or Grailed is subject to a chargeback imposed by
a Payment Processor as a result of Seller's failure to fulfill a shipment,
as determined by Grailed or a Payment Processor, Seller is required to
provide a full refund, including shipping fees, to the applicable Buyer or
Grailed (as applicable). If Seller fails to timely refund the Buyer,
Grailed may refund the Buyer on the Seller's behalf. If Seller is located
in a jurisdiction that allows automatic debits, such Seller's account will
be automatically debited by Grailed for the amount refunded by Grailed, or
the chargeback amount (as applicable). Grailed may also charge Seller any
associated dispute fees charged by the Payment Processor, at Grailed's sole
discretion. Seller hereby agrees to such automatic debiting. If Seller is
not eligible for automatic debits, Seller is required to promptly repay
Grailed for the refund, the chargeback amount, and any applicable dispute
fees and a debt will be created for the amount that Seller owes Grailed for
the refund. Whilst the debt remains outstanding, Grailed may suspend or
terminate Seller's access to the Services in accordance with these Terms.
If a Seller fails to promptly repay any outstanding debt to Grailed,
Grailed may pursue any legal action available to it against such Seller,
including retaining collection agencies at your cost.
If you sell through Grailed, you are responsible for shipping the products.
Sellers must ship and provide tracking information within seven (7) days of
when a buyer submits payment, otherwise the order will be canceled, and the
buyer refunded. Sellers on expedited shipping must ship and provide
tracking information within two (2) days of when a buyer submits payment.
Grailed will release the payment to you minus taxes, commission, and any
other fees no later than three (3) calendar days after product has been
delivered to the buyer, subject to certain exceptions.Details about when a
buyer is obligated to purchase a product can be found in the Selling and
Buying sections in our Help Center.More info on shipping timelines can be
found here.
Seller Promotions. Grailed may grant certain Sellers the ability to choose
to offer promotions specifically for their own shops and/or Product
Listings through Seller-generated discounts on the listing price(s) by a
percentage or an amount. Sellers may be able to discount a single Product
Listing or multiple Product Listings at once. Discounted prices are public
and will be displayed to all Buyers. Grailed may also grant certain Sellers
the ability to offer a discounted price on Product Listings that is only
sent to the users that have favorited a specific Product Listing. On
occasion, Grailed may (in its sole discretion) aggregate Seller discounts
and promote them through our Services, including via our websites, apps,
and emails. When a Seller runs a promotion or discount, Seller is obligated
to comply with all applicable laws and regulations (including consumer
protection rules). Sellers may not use promotions to avoid fees.
Sometimes sellers will be given the ability to offer discounts and
promotions in their shops.
Seller-Initiated Refunds. Sellers may choose to reimburse or refund a
Buyer. If a Seller agrees to reimburse or refund payment to a Buyer, Seller
must do so through their PayPal account for transactions completed through
PayPal. For payments completed through means other than a Seller's PayPal
account, Grailed will reimburse or refund the Buyer and then the Seller
must reimburse Grailed. If Seller is located in a jurisdiction that allows
automatic debits, such Seller's account will be automatically debited by
Grailed for the reimbursement or refund amount. Seller hereby agrees to
such automatic debiting. If Seller is not eligible for automatic debits,
Seller is required to promptly repay Grailed for this amount and a debt
will be created for the amount that Seller owes Grailed for the
reimbursement or refund. Whilst the debt remains outstanding, Grailed may
suspend or terminate your access to the Services in accordance with these
Terms. If you fail to repay any outstanding debt to Grailed, Grailed may
pursue any legal action available to it against you, including retaining
collection agencies.
If a seller does not have an eligible account connected to their Grailed
shop, we will process a refund on the seller's behalf. If we can't
automatically debit a seller for the refund we issued, the seller must pay
us back.
Buyer Data. You (as a Seller) and Grailed are independent controllers of
Buyer data. To the fullest extent permitted by the laws of the European
Economic Area ("EEA") and the UK, we are considered separate and
independent data controllers of the personal information of Buyers. As
such, we each independently determine the purposes and means of processing
Buyer data and therefore Grailed is not responsible for any Seller's use of
Buyer data. Sellers must comply with applicable data protection laws with
respect to a Seller's collection, use, and processing of Buyer data. If we
are found to jointly control such Buyer data and we are held responsible in
any way for its use by you, you agree to indemnify us.
8. Buyer Terms
When you buy Products through the Services, you are considered a Buyer and
you agree to the terms in the following provisions.
Buyer Responsibilities. Prior to purchasing products from a Seller, you are
advised to independently verify the applicable information and read any
applicable Seller's sales, legal and privacy policies. Although we may
choose in our sole discretion to intervene or attempt to resolve a dispute
between you and other Grailed users, you agree that we have no obligation
to do so and that all transactions are ultimately solely between you and
the applicable Seller. Any agreement for and/or purchase of a Product is
made solely between Buyer and Seller.
Purchase Conditions. You may submit an offer to buy Products included in a
Product Listing through the Services. You hereby acknowledge and agree
that: (a) you are solely responsible for reading the full Product Listing
before offering a bid or commitment to buy and we do not guarantee the
existence, quality, safety or legality of the Products advertised or the
truth or accuracy of any Product Listing; (b) when you use the Services to
commit to pay a certain amount of money to an applicable Seller for a
Product included in an applicable Product Listing and you are notified
through the Services that such Seller accepts such offer, you agree to
purchase such Product; (c) we do not transfer legal ownership of Products
from the Seller to the Buyer and have no responsibility or liability in
connection therewith; and (d) we do not make any representations,
warranties or guarantees as to whether an applicable Seller will choose to
accept your offer, and we have no liability to you with respect to any such
choice by any Seller.
Do not make offers or attempt to buy something if you do not intend to pay
the agreed-upon price.
Binding Purchase. When a Seller accepts an offer for the purchase of a
Product, the Buyer is obligated to pay for that Product. When you make an
offer for a Product, YOU ARE COMMITTING TO PURCHASE THE PRODUCT; YOU
ACKNOWLEDGE THAT PAYMENT FOR THE ACCEPTED OFFER PRICE BECOMES DUE AND
PAYABLE AND YOUR PAYMENT METHOD ON FILE WILL BE AUTOMATICALLY CHARGED OR
YOU WILL BE DIRECTED TO COMPLETE THE CHECKOUT PROCESS (AS APPLICABLE). You
hereby acknowledge and agree that the total charge for any purchase in the
amount of an accepted offer or counteroffer in connection with an
applicable Product Listing may include shipping fees and state and local
sales tax, the amount of which varies (e.g., due to factors including the
type of item purchased and the delivery address).
For more information on payment options, go here and here.
Product Listing Disclaimers. Any prices of Products included in any Product
Listing are set by the applicable Seller and are subject to change. The
colors of Products included in Product Listings may depend on the settings
of your monitor or screen, and therefore the color of Products on your
display may differ from the Products that you receive. Although we try to
display updated Product Listings on the Services, the availability of goods
on the Services may change at any time, without notice.
Sellers choose the price and description of their products. We do our best
to encourage sellers to follow our listing guidelines, but not everyone
follows them. Sometimes items get sold before listings get updated to meet
our guidelines.
Shipping. Buyers are responsible for any shipping costs incurred with
respect to their purchased Products. Sellers will initiate shipment of the
applicable Products to the address of the Buyer (or their indicated
recipient) within seven (7) calendar days (unless otherwise agreed to by
the Buyer) after a Buyer pays for an accepted offer. If a Seller does not
initiate shipment within seven (7) calendar days, the transaction will be
automatically canceled, and the Buyer will be refunded to their original
payment method for the canceled order.
Returns/Grailed Purchase Protection. All purchases are final, with no
returns, refunds, cancellations, or retractions allowed, except where
expressly allowed by Sellers, by us, or under applicable law. If the
Product you receive is not as described on the Services, then you may
report the issue by contacting us here within three (3) calendar days after
the tracking information indicates that the Product has been delivered to
the Buyer and Grailed may offer a buyer protection program for eligible
purchases ("Purchase Protection"). Grailed will determine in its sole
discretion whether to (a) direct you to report your issue to the Seller;
(b) request that you file a dispute with the applicable Payment Processor;
and/or (c) refund the purchase after an investigation. Grailed may, in its
sole discretion, require the Buyer to ship the Product to Grailed or the
Seller. If Grailed approves a refund under Purchase Protection, Grailed
will refund the Buyer the amount owed on the Seller's behalf.
For more information on Grailed Purchase Protection go here.
Promotions. Grailed may sometimes furnish an alphanumeric code that can be
used for promotions or discounts for purchases through the Services. These
promotional or discount codes may be sent via email to registered users,
presented through our Services, or circulated at events or through other
means and are subject to applicable promotional or discount terms.
9. User Content
User Content. "User Content" is defined as any Product Listings, photos,
comments, links, and other materials, interactions with or activity on the
Services you or other users create, post, tag, store, conduct, and share
through our Services and any content you post on your social media tagging
Grailed. Except for the license you grant below and as otherwise set forth
herein, as between you and Grailed, you retain all rights in and to your
User Content.
If you post, link, or tag any content on the Grailed Services or social
media, it still belongs to you.
License to User Content. You grant Grailed and its corporate affiliates a
perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid,
and sublicensable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, publicly perform, and
display your User Content and any name, username or likeness provided with
your User Content in all media formats and channels, and for all purposes,
including advertising, without attribution or compensation to you and to
perform automated scanning of the User Content to improve targeted
searching and advertising. You understand that your User Content and any
associated information (such as your username or profile photo) may be
visible to others, and that Product Listings may be used by Grailed and/or
Buyers of Products sold by you to relist such Products on the Services.
If you post content on Grailed or tagging Grailed, we can show it to other
people (including through advertising), make it shareable, and use it in
other ways to grow the business.
Right to Share Other's User Content.Occasionally, the Services will
expressly allow you to "share," your User Content and User Content of other
users, for personal, non-commercial use, such as through your social
network account, blog, or email. When User Content is authorized for
sharing, we will clearly identify the User Content that you are authorized
to share and the ways you may do so, usually by providing a "share" button.
We may revoke this authorization at any time. Additionally, if you share
User Content, you must be able to edit or delete it, and you must edit or
delete it promptly upon our request.
Right to Share Certain Account Information. You grant Grailed the right and
permission to show your username, profile picture, and certain information
about your activity (such as "favorited" brands, "favorited" listings, and
past purchases) or relationships (such as follows of other users' account
profiles or your profile followers) on the Services next to or in
connection with accounts, listings, brand pages, offers, and other
sponsored and unsponsored content that you follow or engage with that is
displayed on the Services, without any compensation to you. For example, we
may show that you "favorited" a listing sold by another user, another
user's account profile page, or a brand that has its own page on the
Services. Some of the information and activity associated with your user
account profile is always public (e.g., your username, profile picture,
bio, country of residence, and your listing details and activity as a
Seller, including an average shipping time). If you do not want people to
see this information, we suggest changing your username, profile picture,
or bio. Some of the information and activity associated with your user
account profile is public by default but may be made private by you through
your Account Settings (e.g., listing and brand "favorites" lists, follows
of other users' account profiles or your account profile followers). Other
account information and actions are private by default (e.g., your purchase
history, including prices of purchased items) and can be seen only by third
parties who have your permission to see that content. "Saved" listings are
always private. We will respect your account settings; however, you agree
that the information and actions that are made public by you or by default
by Grailed (as described above) are not confidential and will be treated as
non-confidential and such information and activity may be publicly viewable
and will be accessible and may be viewed by third parties. Grailed will not
be liable for any treatment of publicized information or activity as public
and non-confidential or for the use of that information by third parties.
You waive all claims with respect to confidentiality of information or
activity made public on the Services. If you do not want certain
information or activity to become public and non-confidential, you must
adjust your Account Settings or not use the Services.
10. Feedback
You understand that we may use everything you post, submit, or otherwise
communicate to us about Grailed or our Services (collectively, "Feedback")
for any purpose, commercial or otherwise, without acknowledgement or
compensation to you. You understand that Grailed may treat Feedback as
non-confidential.
We can use your suggestions to improve and change our services.
11. Trademarks
The Grailed name (in any format), the Grailed "G", our logos, our product
or service names, our slogans and the look and feel of the Services are
trademarks of Grailed and may not be copied, imitated, or used, in whole or
in part, without our prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned
on the Services are the property of their respective owners. Reference to
any products, services, processes or other information by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, affiliation, sponsorship, or recommendation by us.
Please respect our trademarks and brands.
12. Prohibited Conduct
Conduct Prohibitions. You will not (and will not permit any third party to)
violate any applicable law, contract, intellectual property right or other
third-party right or commit a tort. You will not (and will not permit any
third party to):
* Engage in any harassing, threatening, intimidating, predatory or stalking
conduct;
* Use or attempt to use another user's account without authorization from
that user and Grailed;
* Impersonate or post on behalf of any person or entity or otherwise
misrepresent your affiliation with a person or entity;
* Sell, resell or commercially use our Services, except as expressly
permitted by us under these Terms;
* Copy, reproduce, distribute, publicly perform or publicly display all or
portions of our Services, except as expressly permitted by us or our
licensors;
* Modify our Services, remove any proprietary rights notices or markings,
or otherwise make any derivative works based upon our Services;
* Use our Services other than for their intended purpose and in any manner
that could interfere with, disrupt, negatively affect or inhibit other
users from fully enjoying our Services or that could damage, disable,
overburden or impair the functioning of our Services in any manner;
* Reverse engineer any aspect of our Services or do anything that might
discover source code or bypass or circumvent measures employed to prevent
or limit access to any part of our Services;
* Use any data mining, robots or similar data gathering or extraction
methods designed to scrape or extract data from our Services;
* Develop or use any applications that interact with our Services without
our prior written consent;
* Send, distribute or post spam, unsolicited or bulk commercial electronic
communications, chain letters, or pyramid schemes;
* Bypass or ignore instructions contained in our robots.txt file; or
* Use our Services for any illegal or unauthorized purpose, or engage in,
encourage, or promote any activity that violates these Terms.
Be nice; be respectful to others and Grailed, and be lawful as you use
Grailed. Do not do anything you would not want someone to do to you or to
your business. For our Code of Conduct go here.
User Content Prohibitions. You may only post User Content that is
non-confidential and that you have all necessary rights to disclose. You
may not (and shall not permit any third party to) create, post, store or
share any User Content that:
* Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory or fraudulent;
* Would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party or otherwise create liability or
violate any local, state, national or international law;
* May infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
* Contains or depicts any statements, remarks or claims that do not reflect
your honest views and experiences;
* Impersonates, or misrepresents your affiliation with, any person or
entity;
* Contains any unsolicited promotions, political campaigning, advertising
or solicitations;
* Contains any private or personal information of a third party without
such third party's documented consent;
* Contains any viruses, corrupted data or other harmful, disruptive or
destructive files or content; or
* In our sole judgment, is objectionable, restricts or inhibits any other
person from using or enjoying our Services, or may expose Grailed or
others to any harm or liability of any type.
Don't post porn, spam, or offensive or unlawful stuff.
Enforcement.Enforcement of this Section is at Grailed's sole discretion. In
addition, this Section does not create any private right of action on the
part of any third party or any reasonable expectation that the Services
will not contain any content that is prohibited by such rules.
Grailed will choose when to act based on the above rules. Enforcement can
come in many forms such as a warning, taking down content, suspension of an
account, or canceling an account.
Parental Controls. Please note that parental control protections (such as
computer hardware, software, or filtering services) may be commercially
available to assist you in limiting access to material that is harmful to
minors.
13. Third-Party Content
We may provide information about third-party products, services,
activities, or events; or we may allow third parties to make their content
and information available on or through the Services (collectively,
"Third-Party Content"). We provide Third-Party Content as a service to
those interested in such content. Your dealings or correspondence with
third parties and your use of or interaction with any Third-Party Content
are solely between you and the third party. Grailed does not control or
endorse, and makes no representations or warranties regarding, any
Third-Party Content, and your access to and use of such Third-Party Content
is at your own risk and subject to the applicable terms and conditions of
such third parties.
14. Payments and Billing
Payment Processors. Payments for transactions will be processed by
third-party Payment Processors we have engaged for the Services, in
accordance with their terms of service, and not by us. You hereby
explicitly consent to our use of such third-party Payment Processors, the
outsourcing of services to them, and the related transfer and processing of
data. We reserve the right to add or change available Payment Processors,
or to require the use of certain Payment Processors by any or all Sellers,
at any time and for any or no reason. We will notify you of any new Payment
Processors, and your continued use of any payment features upon receipt of
such notice constitutes acceptance of such addition or change as well as
your acceptance of the applicable Payment Processor's terms of service.
Grailed may hold on crediting a Seller account, if a Seller fails to
onboard to a required Payment Processor until the Seller onboards to the
Payment Processor. We are not responsible for errors made by any Payment
Processor.
Grailed does not process your payment transactions. We hire reputable third
parties to process payments for transactions facilitated by Grailed. Please
read the terms of service of the applicable payment processor and comply
with them.
Taxes. As a Seller you are responsible and agree to collect, pay, report,
and remit any and all local, state, provincial, federal, or international
taxes (including VAT and sales tax) that may be due by you, and as a Buyer
you agree to pay any and all local, state, federal, or international taxes
(including sales taxes) that may be due by you. You agree that Grailed is
not responsible for reporting, collection, or payment of any taxes on your
behalf except in jurisdictions where Grailed is required to collect or
remit taxes. You agree to provide Grailed with all relevant tax information
which Grailed may be required to provide to tax authorities or under
applicable law and further authorize Grailed to release that information to
such tax authority or other competent governmental body. Your account may
be suspended for failure to provide Grailed with all relevant tax
information.
You are responsible for paying your own taxes. We do however collect taxes
that we are required by law to collect. If we need any information from you
to file our taxes or as otherwise required by applicable law, you agree to
give it to us.
Agent / Principle Tax Election in Canada. If GST-registered in Canada, the
Seller ("Principal") elects Grailed as its "Agent" in collecting any
applicable GST/HST on an item or items sold to Buyers located within Canada
and remitting and reporting it to the relevant tax authorities on the
Principal's behalf.
The parties agree that Grailed will:
* act as the Principal's Agent with respect to GST/HST collection through
the Services; and
* collect, report, and remit GST/HST on the Product(s) sold through the
Services to Buyers located within Canada instead of the Principal.
The parties agree that the Principal will:
* elect Grailed to act as its Agent to collect GST/HST on the Product(s)
sold through the Services; and
* refrain from collecting, remitting, and reporting GST/HST on the
Product(s) sold through the Services to Buyers located within Canada.
The parties further agree that the Agent and the Principal are jointly and
severally, or solidarily, liable for all GST/HST obligations that result
from any of the following:
* the tax becoming collectible;
* any failure to account for or pay a net tax amount that is reasonably
attributable to the Product(s);
* any failure to account for or pay any overpayment of refund or interest
received by the Agent and that is reasonably attributable to the
Product(s);
* the Agent claiming a bad debt deduction to which the Agent was not
entitled or was in excess of the amount to which the Agent was entitled,
including any failure to pay the amount of any underpayment of net tax
and interest resulting from claiming that deduction;
* after a refund, credit, or adjustment of tax to a recipient, the Agent
claiming an amount to which the Agent was not entitled or was in excess
of the amount to which the Agent was entitled, including any failure to
pay the amount of any underpayment of net tax and interest resulting from
claiming that amount; or
* the recovery of all or part of a bad debt relating to the supply for
which the Agent had claimed a deduction, including any failure to pay the
amount of any underpayment of net tax and interest resulting from that
recovery.
Both the Principal and Agent agree that each party is still responsible for
their own GST/HST returns, other mandatory tax filings, and invoice
storage.
If you are a GST-registered Seller in Canada and would like to elect that
Grailed collect/remit GST/HST on taxable sales on your behalf, click here
to fill out Form GST506 (Election and Revocation of an Election Between
Agent and Principal).
Modifications; Holds; and Maintenance. To the extent permitted by
applicable law, Grailed may (a) modify, update, suspend, or discontinue any
aspect of a payment feature; (b) impose limits on certain features and
services; or (c) restrict your access to or use of parts or all of the
payment features, in each case at any time and without liability or other
obligation to you. Further, we may at times recommend that a Payment
Processor restrict a Seller's use of that Payment Processor's services
based on certain factors, which may result in such Payment Processor
imposing such restrictions. Grailed is not obligated to provide any
maintenance, technical support, or other support for any payment feature.
Grailed makes no guarantees to you in relation to the availability or
uptime of any payment feature.
As Grailed grows and evolves, our offering and features on the website or
apps may change too (including payment features), so we may get rid of some
features or add new ones and make them available to a small population of
users for testing.If we suspect you are doing bad things, we can report you
to the payment processor(s).Since we are not payment processors, we cannot
provide payment support to you or guarantee payment features. Please reach
out to the applicable payment processor with questions, concerns, or
support issues.
Payment Disclaimers. In addition to the disclaimers listed in Section 15
below, you agree and acknowledge that with respect to any purchases of
Products: (a) the transaction is solely between Buyer and Seller and
Grailed is not a party, unless Grailed directly lists a Product Listing;
(b) except as otherwise provided in these Terms, Buyers and Sellers are
responsible for investigating and resolving disputes (including returns and
refunds of any Products purchased); (c) Grailed is not and will not be
responsible for the acts or omissions of any Payment Processor, including
any failure or refusal by them to process a transaction; and (d) Grailed
will not be liable for any unauthorized or failed transactions (Grailed's
facilitation of a transaction does not mean that a Buyer has sufficient
funds, or that the transaction will ultimately be authorized or processed).
15. Warranty; Disclaimers; Release
Grailed Authentication. Our digital Product authentication process, where
applicable, is independently conducted by Grailed moderators. Brands
identified on or through the Service: (a) are not involved in the
authentication of the Products being sold through the Services, and (b) do
not assume responsibility for any Products purchased from or through the
Services. Brands sold on or through the Services are not partners or
affiliates of Grailed in any manner. However, we fully cooperate with
brands seeking to track down the source of counterfeit items, which may
include, when required by court order or directive of law enforcement,
disclosing the contact information of Sellers submitting counterfeit goods.
More information on our authentication process is available here.
Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, GRAILED EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, GRAILED MAKES NO WARRANTY THAT (A) YOU WILL BE ABLE TO SELL
OR PURCHASE ANY PRODUCTS THROUGH THE SERVICES OR THAT THE SERVICES WILL
OTHERWISE MEET YOUR REQUIREMENTS; (B) THE SERVICES 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 SERVICES WILL MEET YOUR EXPECTATIONS.
Release. To the fullest extent permitted by applicable law, you release the
Grailed Parties (as defined below) from responsibility, liability, claims,
demands and/or damages (actual and consequential) of every kind and nature,
known and unknown (including claims of negligence), arising out of or
related to disputes between users (including Buyers and Sellers) and the
acts or omissions of third parties. If you are a consumer who resides in
California, you hereby waive your rights under California Civil Code §
1542, which provides: "A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release and that, if known by him or
her, would have materially affected his or her settlement with the debtor
or released party."
16. Termination
We reserve the right to modify our Services or to suspend or stop providing
all or portions of our Services at any time and to any user, including by
terminating these Terms. If we discontinue providing all or portions of the
Services, we will, where reasonably possible, give you advance notice and a
chance to access and move your content and data. You also have the right to
stop using our Services at any time and may cancel your account by sending
a request through our Contact Form or through your account settings. We are
not responsible for any loss or harm related to your inability to access or
use our Services. On termination of these Terms, all related rights and
obligations under these Terms immediately terminate, except that you will
remain responsible for performing your obligations in connection with
transactions entered into before termination (including payment for
accepted offers on Products and shipment of Products to Buyers that have
paid for them) and for any liabilities that accrued before or as a result
of termination.
As Grailed grows and evolves, we might have to make changes to the features
we offer and may need to terminate these Terms. When we make major changes,
we will try to let you know in advance.
All provisions of these Terms which by their nature should survive
termination shall survive termination, including, without limitation,
licenses of User Content, ownership provisions, warranty disclaimers,
indemnity, and limitations of liability.
17. Indemnification
This section describes who is responsible if Grailed gets sued by a third
party for something that you did or you control.
Business User Indemnity. If you are entering into these Terms on behalf of
an entity, to the fullest extent permitted by applicable law, you will
indemnify, defend and hold harmless Grailed, its corporate affiliates and
sublicensees and their respective officers, directors, agents, partners,
employees (individually and collectively, the "Grailed Parties") from and
against any third-party losses, liabilities, claims, demands, damages,
expenses or costs ("Claims") arising out of or related to (a) your access
to or use of the Services; (b) your User Content or Feedback; (c) your
violation of these Terms; (d) your violation, misappropriation or
infringement of any rights of another (including intellectual property
rights or privacy rights); (e) failure to provide us with accurate business
information; (f) any Product you list or sell; or (g) your conduct in
connection with the Services.
Individual User Indemnity. If you are entering into these Terms as an
individual (i.e., non-business, non-entity) user, to the fullest extent
permitted by applicable law, you will indemnify, defend, and hold harmless
the Grailed Parties from and against any Claims arising out of or related
to (a) your User Content or Feedback; (b) your violation of these Terms;
(c) your violation, misappropriation, or infringement of any intellectual
property or privacy rights of another; or (d) any Product you list or sell.
Process. You agree to pay all fees, costs and expenses associated with
defending such Claims (including attorneys' fees). You also agree that the
Grailed Parties will have control of the defense or settlement, at
Grailed's sole option, of any Claims.
18. Liability Limitation
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAILED AND THE GRAILED
PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER
BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR LOST PROFITS,
EVEN IF GRAILED OR THE OTHER GRAILED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF GRAILED AND THE OTHER
GRAILED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR
OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE
GREATER OF $2,000.00 USD OR THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A
RESULT OF SELLING YOUR PRODUCTS THROUGH THE SERVICES IN THE TWELVE MONTHS
PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE LIMITATIONS SET FORTH IN
THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY, DEATH
OR PROPERTY DAMAGE CAUSED BY THE SERVICES, OR FOR THE GROSS NEGLIGENCE,
FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OF GRAILED
OR THE OTHER GRAILED PARTIES.We do not, however, exclude or limit our
liability to you to the extent it is unlawful to do so under the laws
applicable to you. If any applicable authority holds any portion of this
Section to be unenforceable, then liability will be limited to the fullest
extent of applicable law.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE
NOTICE TO GRAILED, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM
WITHIN ONE (1) YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.
19. Governing Law
The Terms are governed by the laws of the State of New York, without regard
to its conflict of laws principles, except for the agreement to arbitrate
in Section 20 below, the interpretation and enforcement of which shall be
governed by the Federal Arbitration Act. The United Nations Convention on
Contracts for the International Sale of Goods will not in any way apply to
these Terms or the Services. You agree, that the exclusive jurisdiction and
venue of any action to prevent the actual or threatened infringement,
misappropriation or violation of a party's copyrights, trademarks, trade
secrets, patent or other intellectual property rights will be the state and
federal courts located in the Central District of California, or as Grailed
may otherwise elect, and you waive any objection to jurisdiction and venue
in such courts. If the agreement to arbitrate set forth in Section 20 is
found not to apply to you or to a particular dispute, claim or controversy,
either as a result of your decision to opt out or as a result of a decision
by the arbitrator or court order, the exclusive jurisdiction and venue for
the resolution of such dispute, clam or controversy will be the state and
federal courts located in the Central District of California, or as Grailed
may otherwise elect, and you waive any objection to jurisdiction and venue
in such courts.
20. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OTHERWISE PROVIDE,
YOU WAIVE YOUR RIGHT TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND
TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE
ACTION. Other rights that you would have if you brought a claim to court,
such as access to discovery or appeals, also might be unavailable or
limited in arbitration.
Agreement to Binding Arbitration; Class Action Waiver. Except as these
Terms otherwise provide and to the fullest extent permitted by law, you and
Grailed acknowledge and agree that you are each waiving the right to a
trial by jury and to the litigation of disputes in state or federal courts
of general jurisdiction. The parties further agree that any arbitration
shall be conducted in their individual capacities only and not as a class
action/class arbitration or other representative action, and the parties
expressly waive their right to file a class action or seek relief on a
class basis. You and Grailed may not be plaintiffs or class members in any
purported class, collective, private attorney general, or representative
proceeding, or otherwise make or proceed with any claim on a collective or
consolidated basis, and may each bring claims against the other only in
your or its individual capacity. As referenced above, the arbitrator may
award declaratory or injunctive relief only on an individual basis and only
to the extent necessary to provide relief warranted by the individual
claim.
Any dispute, claim or controversy between you and Grailed, its subsidiaries
or affiliates and their respective agents, employees, officers, directors,
principals, successors, assigns (collectively for purposes of this Dispute
Resolution section, "Grailed") arising from or relating in any way to: (a)
these Terms (including previous versions of these Terms) and their
interpretation or the breach, termination, enforcement, or validity
thereof, and the relationships which result from these Terms; (b) your use
of or access to the Services; or (c) the action of Grailed or its agents,
or any Products or services listed, offered, sold, purchased, or
distributed by Grailed through the Services or through any website or
mobile application owned or operated by Grailed (collectively, "Covered
Disputes") will be resolved by binding arbitration, rather than in court.
Covered Disputes shall be interpreted broadly.
Mandatory Informal Dispute Resolution.
For any Covered Dispute that you have against the Company you agree to
first contact Grailed and attempt to resolve the claim informally by
sending a written notice of your claim ("Notice") to Grailed by email at
legal@grailed.com. The Notice must (a) include your name, residence
address, email address, and telephone number; (b) describe the nature and
basis of the Covered Dispute; and (c) set forth the specific relief sought.
If you and Grailed cannot reach an agreement to resolve the Covered Dispute
within thirty (30) days after such Notice is received, then either party
may submit the Covered Dispute to binding arbitration.
Initiating Arbitration.
You and Grailed agree that any Covered Dispute between you and Grailed that
is not resolved informally as provided by the Informal Dispute Resolution
process above, shall be settled by final and binding arbitration, except
that each party retains the right to bring an individual action in small
claims court and the right to seek injunctive or other equitable relief in
a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation, or violation of a party's copyrights,
trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration Rules and Governing Law.
Except for certain complaints regarding the handling of personal data of
EU, UK and Swiss individuals (which is addressed in the section below
titled "Arbitration Regarding Personal Data of EU, UK and Swiss
Individuals"), any arbitration between you and Grailed will be administered
by National Arbitration and Mediation ("NAM") in accordance with NAM's
operative Comprehensive Dispute Resolution Rules and Procedures (the "NAM
Rules") in effect at the time any demand for arbitration is filed with NAM,
as modified by this "Dispute Resolution" section. For a copy of the NAM
Rules, please visit this link or contact NAM at NAM's National Processing
Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530. If you have
a question about the NAM Rules, please contact NAM via email at
commercial@namadr.com. If NAM is unavailable or unwilling to administer the
arbitration, the parties will select an alternative private neutral
arbitrator to conduct the arbitration in accordance with the NAM Rules. If
the parties are unable to agree, they will petition a court of competent
jurisdiction to appoint an arbitration administrator that will do so. Any
arbitration will be held before a single neutral arbitrator. The Federal
Arbitration Act will govern the interpretation and enforcement of this
"Dispute Resolution" section.
Arbitration Process and Selection of Arbitrator. A party who desires to
initiate arbitration must provide NAM with a written demand for arbitration
or arbitration notice form made available from the arbitration
administrator and supplement that form with a detailed description of your
claim. You must personally sign your demand for arbitration. You agree to
also send Grailed a copy of your demand for arbitration by email to
legal@grailed.com. If Grailed initiates arbitration, Grailed will send a
copy of its demand for arbitration to your email address on file. Unless
you and Grailed otherwise agree, the arbitration will be conducted in the
county you reside in within a reasonable time, without undue delay. All
parties participating in arbitration shall have the right, at their own
expense, to be represented by a spokesperson of their own choosing. If your
claim does not exceed $10,000, then you or Grailed may elect to have the
arbitration be conducted by telephone or solely on the basis of documents
you and Grailed submit to the arbitrator, unless either you or Grailed
requests a hearing or the arbitrator determines that a hearing is
necessary. If your claim exceeds $10,000, or seeks declaratory or
injunctive relief, either party may request to hold an in-person or virtual
hearing from the arbitrator. In-person hearings will take place in the
county where you reside or at another location reasonably convenient for
you, or at a mutually agreed upon location. The right to a hearing will be
determined by the NAM Rules. Subject to the NAM Rules, the arbitrator will
have the discretion to direct a reasonable exchange of information by the
parties, consistent with the expedited nature of the arbitration. Unless
otherwise prohibited by law, all arbitration proceedings will be
confidential and closed to the public and any parties other than you and
Grailed, and all records relating thereto will be permanently sealed,
except as necessary to obtain court confirmation of the arbitration award
(provided that the party seeking confirmation shall seek to file such
records under seal to the extent permitted by law).
Arbitrator's Decision. The arbitrator has the sole authority to address all
claims or arguments by both parties concerning the formation, legality, and
enforceability of this arbitration clause, the scope of this clause, and
the arbitrability of any claim or issue arising between you and Grailed.
Provided the parties have not agreed otherwise, the arbitrator will have
the same powers as a court of competent jurisdiction would to administer
the arbitration and will administer the arbitration according to these
Terms. The arbitrator will render an award within the timeframe specified
in the NAM Rules. The arbitrator's decision will include the essential
findings and conclusions upon which the arbitrator based the award. The
arbitrator's award shall be final and binding only between you and Grailed
and shall have no preclusive effect in any other arbitration or proceeding
involving a different party, provided that the arbitrator may consider
rulings in other arbitrations involving different arbitrations. The
arbitrator's award may be subject to review in accordance with applicable
statutes governing arbitration awards. Judgment on the arbitration award
may be entered in any court having competent jurisdiction thereof. The
arbitrator may award fees and costs as provided by the NAM Rules or to the
extent such fees and costs could be awarded in a court of competent
jurisdiction or if the arbitrator determines that a claim, proceeding, or
defense was frivolous, brought for harassment, for improper purpose, or in
bad faith. The arbitrator shall apply the provisions of Federal Rule of
Civil Procedure 68 after entry of the award. The prevailing party in
arbitration, will be entitled to an award of attorneys' fees and expenses,
to the extent provided under applicable law.
Costs of Arbitration. Payment of all filing, administration and arbitrator
fees will be governed by the NAM Rules. You will be responsible for payment
of the then-current filing fee as required by NAM Rules at the time the
demand is filed. Grailed will be responsible for payment of the balance of
such filing and other administrative and arbitrator fees associated with
the arbitration in accordance with the NAM Rules. If you are able to
demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, Grailed will pay as much of your share of the
filing fee as the arbitrator deems necessary to prevent the arbitration
from being cost-prohibitive.
Special Additional Procedures for Mass Arbitration. If twenty-five (25) or
more individuals seek to initiate arbitrations with Grailed raising similar
claims, and counsel for the individuals bringing the claims are the same or
coordinated or the claims are otherwise coordinated ("Mass Claims"), you
and Grailed agree that these additional procedures shall apply, along with
the applicable NAM Rules. You understand and agree that if you choose to
initiate your claim as part of Mass Claims, the adjudication of your claim
might be delayed. To increase the efficiency of administration and
resolution of any such Mass Claims, you and Grailed also agree that in the
event that there are one hundred (100) or more individual arbitrations of a
substantially similar nature filed against Grailed by or with the
assistance of the same law firm, group of law firms, or organizations,
within a ninety (90) day period, NAM shall (1) administer the arbitration
demands in batches of one hundred (100) claims per batch (plus, to the
extent there are less than one hundred (100) claims left over after the
batching described above, a final batch consisting of the remaining
claims); (2) appoint one arbitrator for each batch; and (3) provide for the
resolution of each batch as a single consolidated arbitration with one set
of filing and administrative fees due per side per batch, one procedural
calendar, one hearing (if any) in a place to be determined by the
arbitrator, and one final award ("Batch Arbitration"). To the extent the
parties disagree on any issue arising out of or relating to the Batch
Arbitration, the disagreeing party shall advise NAM, and NAM shall appoint
a sole standing arbitrator to determine the applicability of the Batch
Arbitration process ("Procedural Arbitrator"). The Procedural Arbitrator's
fees shall be paid by Grailed. This provision shall in no way be
interpreted as authorizing a class, collective and/or mass arbitration or
action of any kind, or arbitration involving joint or consolidated claims
under any circumstances, except as expressly set forth in this provision.
All parties agree that arbitrations are of a "substantially similar nature"
if they arise out of or relate to the same event or factual scenario and
raise the same or similar legal issues and seek the same or similar relief.
A court of competent jurisdiction shall have the authority to enforce these
mass arbitration procedures and, if necessary, to enjoin the filing or
prosecution of arbitrations that are not consistent with the terms of these
mass arbitration procedures.
Opt-Out Right YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. IF YOU DO SO,
NEITHER YOU NOR GRAILED CAN REQUIRE THE OTHER TO PARTICIPATE IN AN
ARBITRATION PROCEEDING. TO OPT OUT, YOU MUST NOTIFY US IN WRITING WITHIN
THIRTY (30) DAYS OF THE DATE THAT YOU FIRST BECAME SUBJECT TO THIS
ARBITRATION PROVISION BY EMAILING legal@grailed.com. You must include your
name and residence address, the email address for your account, and a clear
statement that you want to opt out of this arbitration agreement.
Severability of Arbitration Provisions. If a court of competent
jurisdiction decides that applicable law precludes enforcement of any
portion of this Section 20's limitations as to a particular claim for
relief, then such claim (and only such claim) must be severed from the
arbitration and may be litigated in a civil court of competent
jurisdiction, and the parties agree that litigation of those claims shall
be stayed pending the outcome of any individual claims in arbitration. All
other claims will be arbitrated, and the arbitrator (and not any federal,
state, or local court or agency) shall have exclusive authority to resolve
any dispute arising out of or relating to the breach, termination,
enforcement, interpretation, validity, scope, applicability or formation of
this agreement to arbitrate (including previous versions of this agreement
to arbitrate), any part thereof, or of these Terms (including previous
versions of these Terms), including, but not limited to, any claim that all
or any part of this agreement to arbitrate or the Terms are void or
voidable. Further, if any part of this Section 20 is found to prohibit an
individual claim seeking public injunctive relief, that provision will have
no effect to the extent such relief is allowed to be sought out of
arbitration, and the remainder of this Section 20 will be enforceable.
Arbitration Regarding Personal Data of EU, UK and Swiss Individuals. In
compliance with the EU-U.S. Data Privacy Framework (DPF), the UK Extension
to the EU-U.S. DPF and the Swiss-U.S. DPF, we commit to refer any
unresolved complaints about our collection and handling of personal data
received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S.
DPF and the Swiss-U.S. DPF to Judicial Arbitration and Mediation Services,
Inc. ("JAMS"), an alternative dispute resolution provider based in the
United States. Please see Annex 2 of the Grailed Additional Privacy
Disclosures for EEA, UK and Swiss Users for more information.
Changes. Notwithstanding the provisions of the "Termination" section above,
if we materially change this "Dispute Resolution" section after the date
you first accepted these Terms (or accepted any subsequent changes to these
Terms), you may reject any such change by sending us written notice by
emailing legal@grailed.com within thirty (30) days of the date such change
becomes effective (as indicated in the "Effective Date of Terms of Service"
below), or by canceling your account. By rejecting any change or canceling
your account, you are agreeing that you will arbitrate any Covered Dispute
between you and Grailed in accordance with the provisions of this "Dispute
Resolution" section as of the date you first accepted these Terms (or
accepted any subsequent changes to these Terms). If you reopen your
canceled account or create a new account, you agree to be bound by the then
current version of the Terms.
21. Copyright Complaint Policy (Copyright Infringement Policy)
In accordance with the Digital Millennium Copyright Act and other
applicable law, we have adopted a policy of taking down Product Listings
and User Content of users who infringe the intellectual property rights of
others and of terminating, in appropriate circumstances, the accounts of
users who repeatedly infringe the intellectual property rights of others.
If you believe that anything on our Services infringes any copyright that
you own or control, please visit Grailed DMCA Copyright Policy for the
requirements of a proper notification. Also, please note that if you
knowingly misrepresent that any activity or material on our Services is
infringing, you may be liable to Grailed for certain costs and damages.
We respect copyright. If anything is wrong, please review our Copyright
Policy.
22. Transfer and Processing of Data
For us to provide our Services, you agree that we may process, transfer and
store information about you in the US and other countries, where you may
not have the same rights and protections as you do under local law. Please
see our Privacy Notice for more information.
23. Miscellaneous.
Severability. If any provision or part of a provision of these Terms is
unlawful, void, or unenforceable, that provision or part of the provision
is deemed severable from these Terms and does not affect the validity and
enforceability of any remaining provisions.
No Waiver. The failure of Grailed to exercise or enforce any right or
provision of these Terms will not operate as a waiver of such right or
provision. These Terms reflect the entire agreement between the parties
relating to the subject matter hereof and supersede all prior agreements,
representations, statements, and understandings of the parties. The section
titles in these Terms are for convenience only and have no legal or
contractual effect. Use of the word "including" will be interpreted to mean
"including without limitation." Except as otherwise provided herein, these
Terms are intended solely for the benefit of the parties and are not
intended to confer third-party beneficiary rights upon any other person or
entity.
Assignment. You may not assign or transfer these Terms, by operation of law
or otherwise, without our prior written consent. Any attempt to assign or
transfer these Terms without such consent will be null and of no effect. We
may assign or transfer these Terms at our sole discretion and without
restriction. Subject to the foregoing, these Terms will bind and inure to
the benefit of you, Grailed, and the respective successors and permitted
assigns of you and Grailed.
Notices. Any notices or other communications permitted or required
hereunder, including those regarding modifications to these Terms, will be
in writing and given by Grailed: (a) via email to the address that you
provide to us; or (b) by posting to the Services. For notices made by
email, the date of receipt will be deemed the date on which such notice is
transmitted.
Apple Device and Application Terms. In the event you are accessing the
Services via an application on a device provided by Apple, Inc. ("Apple")
or an application obtained through the Apple App Store (in either case, an
"Application"), the following shall apply: (a) you acknowledge that these
Terms are between you and Grailed only, and not with Apple, and that Apple
is not responsible for the Application or its content; (b) you will only
use the Application in connection with an Apple device that you own or
control; (c) you acknowledge and agree that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to
the Application; (d) in the event of any failure of the Application to
conform to any applicable warranty, including those implied by law, you may
notify Apple of such failure; (e) upon notification, Apple's sole warranty
obligation to you will be to refund to you the purchase price, if any, of
the Application; and (f) you agree that Apple and Apple's subsidiaries are
third-party beneficiaries of these Terms, and that upon your acceptance of
these Terms, Apple will have the right to enforce these Terms against you
as the third-party beneficiary hereof.
When you use the Grailed iOS app, Apple asks us to let you know that it is
not responsible for our app or what goes on with it.
24. Geographic Specific Provisions
The Geographic-Specific Provisions apply to users located in certain
jurisdictions. Please review the link if you are in California or not
located in the US. The Geographic-Specific Provisions will override the
main Terms in the event of any inconsistency between the two.
If you live in California or countries outside of the US, different terms
may apply to you.
--------------------------------------------------------------------------------
Effective Date of Terms of Service: July 15, 2024
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