The Terms are a legally binding contract between you and Jack. If you live in North America the contract is between you and Jack LLC.
Jack was created for all Car enthusiasts: From beginners, up-and- coming car lovers, to hardcore wrenchers and pro racers of every level, gear type, and cars in between. To support the incredibly diverse group of car enthusiasts who use our marketplace, we encourage users of all backgrounds to join the app. We believe that the passion and diversity that our users bring to the Jack car community will help us all grow stronger as we learn and drive together.
One of Jack’s central tenets is also creating an overall environment where all Car enthusiasts feel safe and welcome. As a user of Jacks’s online platforms, you serve as an extension of the Jack brand and an individual ambassador to, as well as a member of, our community. To the extent you become a volume buyer, seller, or both, on the platform, your name will be synonymous with Jack and people will associate you with our name. We take this responsibility seriously and we hope you will, too.
As a result, we’ve outlined below several of Jack’s brand standards that you agree to uphold as a member of the Jack community. These guidelines aren’t meant to stifle self-expression or creativity—we welcome all the unique talent and creativity you bring to the table. However, as a brand that values inclusivity, authenticity, and the right for every car enthusiast to feel welcome on our platform, it's important that our users uphold similar values on- and -off the platform.
We believe cars are the ultimate form of expression, and we’re proud of the steps that we’ve taken—and will continue to take to ensure that all car enthusiasts feel welcome to explore, buy, sell, be inspired, and continue to express themselves with the help of Jack. We work hard to ensure that community members of all races, genders, religions, creeds, political affiliations and backgrounds feel safe and included. As a result, Jack does not support content on or off its platform from users who:
For additional insight into what we allow within our marketplace, please reference our Prohibited Items Policy here.
We know your personal information is important to you, so it’s important to us. Our Privacy Policydetails how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.
Both Jack and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Jack, will be responsible for that unauthorized disclosure.
If, however, Jack and sellers are found to be joint data controllers of buyers’ personal information, and if Jack is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Jack for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Jack.
You’ll need to create an account with Jack to use some of our Services.
Here are a few rules about accounts with Jack:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Jack or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online. For more information, see Jack Minors Policy.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Jack.
G. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
H. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.You will be held legally and financially liable for any damaged caused to any Jack property.
I. Follow Our Trademark Policy. The name “Jack" and the other Jack marks, phrases, logos, and designs that we use in connection with our Services (the Jack Trademarks), are trademarks, service marks, or trade dress of Jack in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy..
J. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Jack (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub- licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination By You. We'd hate to see you go, but you may terminate your account with Jack at any time from your account settings. You can find more information in this help Article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination By Jack. We may terminate or suspend your account (and any accounts Jack determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Jack will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Jack terminate your account, you may lose any information associated with your account, including Your Content.
Items You Purchase. You understand that Jack does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Jack cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Jack from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Jack is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This help Article. has some good advice about handling in person meetings.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Jack is not a party to those agreements; they are solely between you and the third party.
WARRANTIES. JACK IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER JACK, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL JACK’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID JACK IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We hope this never happens, but if Jack gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend jack (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you find yourself in a dispute with another user of Jack’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this help Article. Jack will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Jack has no obligation to resolve any disputes.
Release of Jack. You release Jack from any claims, demands, and damages arising out of disputes with other users or parties.
Please note that Disputes with Jack, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes 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. *
We May Discontinue the Services. Jack reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Jack’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Jack respectfully requires that all users of its sites adhere to the following Code of Conduct as a prerequisite to being a member of the Jack community.
Your access to any and all Jack applications is conditioned on your adherence to this policy. Any violation of this section may result in immediate termination of your rights as a Jack user. Determinations will be made at the sole discretion of Jack and may be implemented without warning or the ability to cure.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Jack regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you buy an item on Jack, you are obligated to pay for the item that was sold, or one of the series, in a reasonable period of time (no longer than seven business days) after the sale. You are solely responsible for payment. You expressly agree that Jack may charge your credit card, or any other method of payment, on file for any and all payments advanced or made or refunds issued due to your failure to make payment on an order. You hereby waive any and all claims against Jack for exercising this right. Jack does not accept payment for items over the phone. To the extent there are issues with payment, please direct them to Jack Customer Engagement here.
No sales may be carried out via private message as a means to avoid Jack's sales fee or applicable taxes. Any other efforts to move sales initiated on Jack off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the App, but consummated off-site will not be subject to any of Jack's policies or protections. Jack reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. Jack further reserves the right to charge a selling fee upon finding any express intent to move a transaction off-site. You waive any and all claims against Jack for any fees listed in this section.
Generally, if you're looking to cancel, return or get refunded for an item you purchased on Jack, the first step is to contact the seller. Only sellers have the ability to cancel an order (cancellations must follow Jack’s policy, including our anti-discrimination policy; you can read more on how to request a cancellation here).
Additionally, each seller sets their own shop policies regarding things like refunds and returns, and any issues will be governed initially by the seller's refund policy. If you've reached out to the seller and haven't heard back, or if you're unable to resolve your issue, Jack may be able to help. Generally, Jack can assist with unresolved order issues where the item is not delivered or not as described (i.e. the item received is significantly different from the listing description based on appearance, condition, etc). However, there are some important details to note for specific situations:
Jack may attempt to resolve disputes in Jack's sole discretion, and Jack has no obligation to resolve disputes between users and outside parties. To the extent that Jack attempts to resolve a dispute, Jack will do so in good faith based solely on Jack's policies, and you understand that Jack may use your personal information for the purpose of resolving a dispute.
Some items are not allowed to be listed for sale on the Jack marketplace, even if they are parts or used for cars. This includes prohibited items, and items that otherwise violate’s Jack’s policies, including the Terms of Use and Intellectual Property policy. By listing an item on the app you warrant that you and all aspects of the item comply with Jack's published policies.
One of the most important tenets of Jack is to make sure that users of all races, genders, religions, creeds, political affiliations and backgrounds feel safe and included. We recognize that what one user deems hateful and offensive may strike another user as completely benign. As a marketplace with a diverse collection of buyers and sellers, we often must make decisions that not everyone will agree with. As a practice:
The Jack community encourages safety and our users' right to feel safe on the platform. That said, we do realize the depictions of violence can have both historical and artistic significance or sometimes are just done in good fun (see Halloween). The items and listing that cross that line and are not allowed on the site are as follows:
Whether you indulge in alcohol and drugs or not, we can all agree that Jack is not a marketplace for the sale or promotion of these items. Alcohol and drugs are highly regulated and face many regulatory restrictions and prohibitions; as a result, we cannot facilitate the sale of:
Generally, Jack does not have an issue with iconography associated with drugs and alcohol unless it involves another category prohibited under this policy or it involves trademark infringement.
Additionally, Jack prohibits medical drug claims. A medical drug claim is a statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical claims are subject to regulation worldwide, and items that make such claims cannot be sold on Jack. We understand you may find these items useful, but in the interest of keeping Jack safe, we ask that you seek these items elsewhere.
Jack does not support items that were obtained illegally, promote illegal activity or otherwise violate the law. We know this seems obvious, but when it comes to items for sale on Jack, it can actually be more complex than you think. To provide further color on this issue, Jack does not allow the following items or listings on the site:
This certainly is not a difficult thing to find on the internet, but it’s not part of Jack’s mission. That said, we do recognize that nudity or adult content can be an integral part of art, and we do not believe in censorship. So this is a tricky one, but here is what Jack does not allow on the site:
What is allowed and what may appear on Jack is “adult content” which may include non-pornographic nudity and profane language.
Jack does not, universally, prohibit autographed items and memorabilia. However, the opportunity for forgery and counterfeiting is much higher in this category than many others, so Jack, in its sole discretion, reserves the right to remove items or listings believed to be inauthentic. Jack reserves the right to require Certificates of Authenticity (COA) or Letters of Authenticity (LOA) demonstrating that an item is what it is purported to be. All pictures of the item must also include a clear photograph of the item, as well as the signature and the COA or LOA. Jack may request the opinion of third-party experts in making the determination of whether or not to suspend a listing in this category.
Jack takes intellectual property infringement very seriously and has policies specific to Copyright and Trademark infringement located in the Terms of Use. If you believe intellectual property infringement is taking place, please contact Jack here. Jack will take the necessary steps to contact the alleged infringer and prevent any continuing infringement. If the infringement is specific to a copyright, you may contact Jack’s Digital Millennium Copyright Act agent who can be located here. More information about the Digital Millennium Copyright Act is available here
All sellers are urged to outline shop policies for their Jack shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Jack’s app-wide policies. Sellers are responsible for enforcing their own shop policies. Jack reserves the right to request that a seller modify a shop policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on Jack, the buyer agrees to the specific return and other policies set forth by the individual seller and the seller is obligated to adhere to their return policy. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The App exists as the platform for the transaction, but does not make Jack a party to the transaction. Accordingly, Jack retains the right to suspend or terminate a user's privileges for failing to consummate a transaction, but Jack does not have a mechanism to force the completion of a sale or force acceptance of payment. Any failure to complete a binding sale may result in immediate termination of your membership to Jack.
If you sell an item on Jack, you are obligated to deliver the actual item that was sold, or one of the series, in a reasonable period of time after the sale. You cannot deliver a substitute or replacement item, or withhold delivery, without the express consent of the buyer. If you have not shipped within three (3) business days of completing the sale, Jack reserves the right to issue a refund to the buyer on your behalf. To the extent there are issues with payment, please direct them to Jack Customer Engagement here.
Jack encourages buyers to contact sellers when any issues or questions arise related to their order, and you should work with the buyer to resolve issues directly. If a buyer wishes to return an item, you are obligated to follow your shop policy on returns and refunds. If you agree to refund an item, you must issue the refund within two business days of your receipt of the product.
If you are unable to resolve an order issue with a buyer directly, Jack may be able to assist if the item is not delivered or not as described (i.e. the item received is significantly different from the listing description based on appearance, condition, etc). However, there are some important details to note for specific situations:
Jack may attempt to resolve disputes in Jack's sole discretion, and Jack has no obligation to resolve disputes between users and outside parties. To the extent that Jack attempts to resolve a dispute, Jack will do so in good faith based solely on Jack's policies, and you understand that Jack may use your personal information for the purpose of resolving a dispute.
If you are unable to fulfill an order and must cancel it, or if a buyer requests a cancellation, please keep in mind that cancellations must follow Jack’s policy, including our anti-discrimination policy.
No sales may be carried out via private message as a means to avoid Jack's sales fee or applicable taxes. Any other efforts to move sales initiated on Jack off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of Jack's policies or protections. Jack reserves the right to charge its fee for any transaction initiated on the Site and completed off-site. Jack further reserves the right to charge a selling fee upon finding any express intent to move a transaction off- site. You waive any and all claims against Jack for any fees listed in this section.
When you purchase a shipping label on Jack, for either domestic or international use, you are responsible for ensuring that all fields are filled out completely and accurately, including size, weight, description (if any) and declared value (if any). Any liability for a failure, or failures, to accurately or appropriately fill out the information will be transferred to you as the user. You also agree that you will not use a Jack shipping label to send anything harmful or dangerous. You agree to indemnify and hold Jack, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision
You acknowledge that Jack is only a marketplace that provides a digital connection for users. Jack is not a party to the actual transaction. You expressly waive and release Jack (and Jack's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the failure of a user to complete a sale.