Terms of Service.
Last Updated August, 1, 2023
BY USING OUR WEBSITE, YOU AGREE TO OUR PRIVACY POLICY AND TERMS & SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES.
BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service (“Terms”) apply when you access or use the websites (collectively, the “Site”) of The JoyCo Life, LLC (“Company,” “we,” “us” or “our”), our mobile applications, and the services, content and materials made available via the Site or mobile applications (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with The JoyCo Life for products, services or otherwise.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
All questions or comments about the Services should be directed to hello@thejoycolife.com.
Privacy Policy
Please refer to our Privacy Policy for information about how The JoyCo Life collects, uses and discloses information about you.
Eligibility
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
Links to Third Party Sites/Third Party Services
www.thejoycolife.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The JoyCo Life and The JoyCo Life is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The JoyCo Life is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The JoyCo Life of the site or any association with its operators.
Certain services made available via www.thejoycolife.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thejoycolife.com domain, you hereby acknowledge and consent that The JoyCo Life may share such information and data with any third party with whom The JoyCo Life has a contractual relationship to provide the requested product, service or functionality on behalf of www.myprofessionalagenda.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.thejoycolife.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The JoyCo Life that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The JoyCo Life or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The JoyCo Life content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The JoyCo Life and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The JoyCo Life or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by The JoyCo Life from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The JoyCo Life Content accessed through www.thejoycolife.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Account
In order to access and use certain areas or features of the Services, you may be required to register for an account. If you create an account via our Services, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services.
Terms of Sale
Access to certain materials, video, e-books, and other course content on the Services is made available for purchase (“Services”). Your payment for any access to any Services is subject to the following terms:
Price. The price for any Services will be made available via the Services at time of purchase.
Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Services. By submitting your order to purchase access to our Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
Refunds and Cancellations. All sales are final and we do not offer any refunds or cancellations.
Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.
Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and The JoyCo Life reserves the right to collect such taxes or other fees from you at any time.
Access to Services. Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time The JoyCo Life operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends.
Copyright and Limited License
Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are the proprietary property of The JoyCo Life and its licensors and are protected by U.S. and international copyright laws. Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the proprietary property of The JoyCo Life and may not be copied, imitated or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.
You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, publicly perform or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Trademarks
The JoyCo Life, all course names, e-books, the The JoyCo Life’s logos, the look and feel of the Services, and any other product or service name, logo or slogan contained in the Services are trademarks, service marks and/or trade dress of The JoyCo Life or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of Company or the applicable trademark holder. Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by The JoyCo Life.
Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray The JoyCo Life or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a The JoyCo Life logo or other proprietary graphic of The JoyCo Life to link to the Site without the express written permission of The JoyCo Life. Further, you may not use, frame or utilize framing techniques to enclose any The JoyCo Life trademark, logo or other proprietary information, including the images found within the Services, the content of any text or the layout/design of any page or form contained within the Services, without The JoyCo Life’s express written consent. Except as expressly stated in these Terms, you are not conveyed any right or license by implication, estoppel or otherwise in or under any intellectual property right of Company or any third party.
User Content
The Services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.
By submitting or posting User Content, you grant The JoyCo Life a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content via the Services and any other medium. Further, you acknowledge and agree that The JoyCo Life may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that:
is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to The JoyCo Life or any user;
may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
makes false or misleading statements, claims or depictions about a person, company, product or service;
does not clearly and prominently disclose any material connections you may have to The JoyCo Life or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of The JoyCo Life or such third-party brand or seller);
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and in the sole judgment of The JoyCo Life, restricts or inhibits any other person from using or enjoying the Services or which may expose The JoyCo Life or its users to any harm or liability of any type.
The JoyCo Life takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is The JoyCo Life liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.
Although The JoyCo Life has no obligation to screen, edit or monitor any of the User Content posted on the Services, The JoyCo Life reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
User Conduct
You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right. You further agree not to:
use the Services in any manner that could damage, disable, overburden or impair the Services;
send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails;
use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
circumvent measures employed to prevent or limit access to any area, content or feature of the Services;
use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from The JoyCo Life;
engage in any harassing, intimidating, predatory or stalking conduct;
develop any third-party applications that interact with User Content and the Services; or
“Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of The JoyCo Life.
Termination/Access Restriction
The JoyCo Life reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The JoyCo Life as a result of this agreement or use of the Site. The JoyCo Life performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The JoyCo Life’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The JoyCo Life with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The JoyCo Life with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The JoyCo Life with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Third-Party Content, Advertisements and Promotions
The JoyCo Life may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). The JoyCo Life does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that The JoyCo Life is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by The JoyCo Life of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties, or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Disclaimer
THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS THE JOYCO LIFE’S OFFICIAL POSITION ON ANY SUBJECT MATTER. THE SERVICES SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS. THEJOYCOLIFE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE JOYCO LIFE, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JOYCO LIFE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Indemnification
You agree to defend, indemnify and hold harmless The JoyCo Life, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, “The JoyCo Life Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE JOYCO LIFE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF COMPANY’S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF COMPANY’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE JOYCO LIFE FOR ACCESS TO OR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THEJOYCOLIFE HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, The JoyCoLife and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
Modifications to the Services
The JoyCo Life reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that The JoyCo Life will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The JoyCo Life agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY PROFESSIONAL AGENDA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE JOYCO LIFE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THEJOYCOLIFE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE JOYCO LIFE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEJOYCOLIFE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
The JoyCo Life reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The JoyCo Life as a result of this agreement or use of the Site. The JoyCo Life performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The JoyCo Life’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The JoyCo Life with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The JoyCo Life with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The JoyCo Life with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The JoyCo Life reserves the right, in its sole discretion, to change the Terms under which www.thejoycolife.com is offered. The most current version of the Terms will supersede all previous versions. The JoyCo Life encourages you to periodically review the Terms to stay informed of our updates.