Terms of Service
1. I understand and agree that Gray Jay Endeavors is not a law firm or an attorney, may not perform services performed by an attorney, and its services, forms or templates are not a substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Gray Jay Endeavors.
2. If, prior to my purchase, I believe that Gray Jay Endeavors gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
3. I understand that these Terms require the use of mediation or arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Gray Jay Endeavors Mediation and Arbitration Agreement, contained in Paragraph 13 of these Terms of Service.
4. I UNDERSTAND THAT THE GRAY JAY ENDEAVORS REVIEW OF MY ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
5. Accuracy of Information and Third-Party Consent. To the best of my knowledge, I have provided accurate information to Gray Jay Endeavors and have obtained all third-party consents required for my order or service.
6. Non-English-Speaking Customers. I understand that materials on the Gray Jay Endeavors site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
7. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD GRAY JAY ENDEAVORS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF GRAY JAY ENDEAVORS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF GRAY JAY ENDEAVORS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
8. Terms of Use. I understand that the Site’s general terms of use (the “Terms of Use”) also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
9. Additional Gray Jay Endeavors Terms. I understand that my purchase may be subject to additional terms and conditions. If applicable, I acknowledge that I have read and agree to the additional terms, which are incorporated herein by reference.
10. Third Party Services.
(a) If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party’s site. The third party may contact me by email and/or phone with instructions on how to access my benefits. GRAY JAY ENDEAVORS HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD-PARTY SERVICES. GRAY JAY ENDEAVORS IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD-PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF GRAY JAY ENDEAVORS AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE GRAY JAY ENDEAVORS SITE.
11. Future Products and Services. If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
12. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Gray Jay Endeavors is at fault. All itemization of fees are displayed for convenience only. Both parties acknowledge that Gray Jay Endeavors is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Gray Jay Endeavors for reimbursement of our commitment to service this order.
13. DISPUTE RESOLUTION BY MEDIATION OR ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our office at (508) 293-4011. In the unlikely event that the Gray Jay Endeavors Customer Service is unable to resolve your complaint to your satisfaction (or if Gray Jay Endeavors has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation. If you notify Gray Jay Endeavors of a dispute arising under this agreement, you agree to meet in person and confer within thirty (30) days of that written notice to attempt to resolve the dispute at the offices of Gray Jay Endeavors or other agreed upon location. The purpose of this meeting and conference will be to negotiate a solution. If any dispute is not resolved through negotiation, you agree to choose a neutral mediator whose role will be to facilitate further negotiations. If you and Gray Jay Endeavors cannot agree on a neutral mediator, then you will request that the Massachusetts Bar Association or the American Arbitration Association, or similar organization, select a mediator. The first mediation session shall occur within thirty (30) days, or as soon as practically possible, after the mediator is selected. You and Gray Jay Endeavors shall share the costs of the mediation, provided that the payment of costs and any attorney’s fees may be mediated as well.
This mediation shall be lieu of filing in a court of general jurisdiction and filing may not take place until after a good faith attempt at mediation has occurred. If a court finds that this mediation clause may not preclude filing, then after filing, mediation shall be ordered by the court as a necessary part of the settlement process. Mediation is less formal than a lawsuit in court. If mediation is unsuccessful you and Gray Jay Endeavors may agree to arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.
A party who intends to seek mediation or arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Gray Jay Endeavors should be addressed to: Notice of Dispute, Gray Jay Endeavors, LLC, 9 Main Street, Southborough, MA 01772 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Gray Jay Endeavors and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Gray Jay Endeavors may commence a mediation or an arbitration proceeding. During a mediation or arbitration, the amount of any settlement offer made by Gray Jay Endeavors or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Gray Jay Endeavors is entitled.
Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this mediation and arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you and shall not be effective as to disputes which arose prior to the date of termination.
14. Subscription Plan.
(a) Qualification. The Gray Jay Endeavors Installment Plan or Subscription Service (the “Installment Plan” or “Subscription”) is available as a purchase option for certain Gray Jay Endeavors products.
(b) Billing. By opting into the Subscription Service, I am agreeing to make an initial payment (the “Initial Installment Payment”) immediately when I place my order or change my payment plan. I hereby authorize Gray Jay Endeavors to charge my credit card for additional installments on approximately, but not before, each monthly anniversaries (each an “Installment Billing Date”) of the Initial Installment Payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, through the term of the Subscription agreement. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined Gray Jay Endeavors may make multiple attempts to bill that card. If I remain in default on a payment when the next payment is due, I authorize Gray Jay Endeavors to charge both payments to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Gray Jay Endeavors may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Gray Jay Endeavors may restrict my ability to purchase other Gray Jay Endeavors products if I am delinquent on any payment. I understand that Gray Jay Endeavors may make efforts to collect a delinquent payment. I understand that if I believe Gray Jay Endeavors has reported inaccurate information to a consumer reporting agency, I may call Gray Jay Endeavors and they will investigate the matter. I understand that Gray Jay Endeavors may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Store Credit. I understand that if I have a Gray Jay Endeavors store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against any minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Installment Plan, I may do so by calling Gray Jay Endeavors.
(e) Notice of Automatic Billing. Gray Jay Endeavors may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Gray Jay Endeavors is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Gray Jay Endeavors to send the email does not create any liability on the part of Gray Jay Endeavors or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call Gray Jay Endeavors and Gray Jay Endeavors will investigate the matter.
(g) Account Information. I agree to notify Gray Jay Endeavors immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Gray Jay Endeavors with accurate, complete, and current information results in delinquent payments, Gray Jay Endeavors may restrict my ability to purchase other Gray Jay Endeavors products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
(h) Subscription Products. For subscription products, Gray Jay Endeavors reserves the right to terminate access to subscription benefits 31 days after a missed installment payment.
15. Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred must be paid by you and will not be paid on your behalf by Gray Jay Endeavors.
16. Legal Forms. If you have purchased a Legal Form or document from Gray Jay Endeavors, the following provisions apply to you:
(a) License. Gray Jay Endeavors grants you a nonexclusive, nontransferable worldwide right to use the legal form(s) you have purchased. This license allows you to access, download, use, and edit the legal form(s) you have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by Gray Jay Endeavors and its licensors.
(b) No Guarantee. Gray Jay Endeavors does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only and should not be relied upon as legal advice.
17. Reviews. After your purchase, you may receive an email survey request from Gray Jay Endeavors. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.
18. Access to World Wide Web; Internet Delays. To use Gray Jay Endeavors services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Gray Jay Endeavors services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Gray Jay Endeavors is not responsible for delays, delivery failures, or other damage resulting from such problems.
19. Force Majeure. Gray Jay Endeavors shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Gray Jay Endeavors may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
20. Right to refuse. I acknowledge that Gray Jay Endeavors reserves the right to refuse service to anyone.
21. I understand that these terms affect my legal rights and obligations. If I do not agree to be bound by all of these terms, I will not use this service. By proceeding with my purchase, I agree to these Terms of Service.
Gray Jay Endeavors is located at 9 Main Street, Southborough MA 01772.
Updated: March 4, 2019