Website Terms of Service
PLEASE READ THESE WEBSITE TERMS OF SERVICES (“TERMS”) CAREFULLY. Joylab Inc. (together with our affiliates including but not limited to happyfastdelicious, LLC, “Joylab”, “we” or “us”) offers retail dining and associated services and experiences (the “Services”) and operates websites located at https://www.joylabhq.com, https://www.happyfastdelicious.com, and others we may add from time to time in addition to any mobile applications we may make available (the “Site” or “Sites”). The Sites includes the Services.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITES. BY USING THE SITE, BROWSING THE SITE, AND/OR USING THE SERVICES, YOU (“USER” OR “YOU”) ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.
PLEASE BE AWARE THAT SECTION 11(a) OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF COLORADO CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
In addition to these Terms, you may also be able to become a party to other agreements if you order or sign up for certain other Services from Us with respect to other elements of our Service (each of which is a “Separate Agreement”). If there is any conflict between the terms of a Separate Agreement and these Terms, then the Separate Agreement will control with respect to the subject matter of such Separate Agreement.
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY JOYLAB IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Joylab will make a new copy of these Terms available on the Site. We will also update the “Last Updated” date at the bottom of these Terms. Any changes to these Terms will be effective immediately for new users of the Services and any material changes will be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to existing users. Joylab may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS. You should print a copy of these terms or save them to your computer for future reference.
Effective as of March, 2023
Accounts and Services
- Account Creation. To use some elements of the Services, you may be allowed or required to register for an account (“Account”) on the Site and provide certain information about yourself as prompted by the account registration form. In creating an Account, you must provide complete and accurate information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site and in these Terms. We may suspend or terminate your Account in accordance with these Terms. In certain cases, you may not close your Account, including to evade an investigation, if you have a pending transaction or an open dispute or claim, or if you owe payments to Us.
- Account Responsibilities. You confirm that you are receiving any Services provided by Joylab for your personal use. You are responsible for all activities that occur under your Account. If you have created a password, you are responsible for keeping your password secure, and if we have provided you with other credentials created specifically for you, you are responsible for keeping those secure. You agree to immediately notify Joylab of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Joylab cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements or your failure to maintain the security of your Account and password.
Access to the Services
- Grant of Rights. Subject to these Terms, Joylab grants you a personal, non-transferable, non-exclusive, revocable, limited right to access the Sites to use the features and functionality of the Services, in each case solely for your own personal and non-commercial purposes. This includes the right for you to make a reasonable number of copies of copies of our published descriptions and specifications of the Site and Services (“Documentation”).
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you may not and will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites, whether in whole or in part, or any content displayed on the Sites; (b) you may not and will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you may not and will not access the Sites in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites will be subject to these Terms. All copyright and other proprietary notices on the Sites (or on any content displayed on the Sites) must be retained on all copies thereof.
- Modification. Joylab reserves the right, at any time, to modify, suspend, or discontinue the Sites (in whole or in part) with or without notice to you. You agree that Joylab will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Joylab will have no obligation to provide you with any support or maintenance in connection with the Sites. Any support or maintenance offered on the Site or otherwise is at Joylab’s sole election.
- Ownership. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, Services and its content, including any feedback you provide, including any recipes or food- or beverage-related instructions, ideas, or processes (“Feedback”), are owned by Joylab or Joylab’s suppliers. Neither these Terms (nor your access to the Site or Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2(a). Joylab and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. You will execute documents and take such further acts as we may reasonably request to effectuate the securing intellectual property rights in feedback you provide to us.
- Feedback Terms and Requirements. To the extent Joylab cannot own your Feedback, you provide Joylab a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the feedback and Joylab shall be entitled to the unrestricted use and dissemination of feedback for any purpose, commercial or otherwise. You are not entitled to and Joylab is not obligated to provide any compensation, credit, or other monetary or other value to you for Feedback and Joylab owes you no other obligations related to such Feedback, including attribution, and you waive any rights to seek any of the foregoing from us or our affiliates. If you provide Feedback, you must inform Joylab in writing of any pending or registered patents regarding your Feedback. You represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your Feedback necessary to make the above license and grant, (2) your Feedback is accurate and (3) your Feedback and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights and promise not to assert any rights in yourFeedback against us. Though we welcome users to share their opinions, we do not conduct tests to ensure that experiences described by users are typical. Our employees are allowed but not required to post opinions or provide their own User Content. Opinions and User Content provided by our employees on our Sites are clearly marked as such. We are proud of our workforce and we compensate employees for their work, but we do not provide any special payments or incentives to our employees beyond their normal compensation for them to post opinions or User Content.
- Joylab Data. Joylab owns all data regarding installation, registration, and the use and performance of the Sites and Services, including usage statistics and activity logs, (collectively, “Usage Information”).
- Payment. Certain parts of the Site require payment (“Payments”), as set forth in the check-out process. Payments are due in advance of receiving the applicable Service and are nonrefundable and noncancelable except as may be set forth in these Terms. Pricing for certain Services may change at any time, the prices displayed on a menu at each of our physical locations will govern the Payment required for in-restaurant orders at that location, and the prices available through the Sites will govern the Payment required for orders made through the Sites. If you have a Payments method on file for your Account, your payment method will be charged accordingly for Services, and you authorize us to charge your payment method, unless you remove that payment method in advance of purchasing Services. If we offer and you choose to use a third-party payment processor, you agree to be bound by the payment processor’s terms and conditions, including any privacy policies, and authorize us and the payment processor to share any information and payment instructions you provide with your payment provider and any other third-party service provider(s) solely as required to complete your transactions. If we cannot process your payment, you will need to add a different payment method to your Account to provide Payment for Services and place your order. Any applicable sales tax is your sole responsibility. All applicable sales, use, value added, or other taxes based on your purchase that we are required to collect and pass through are automatically calculated and added to your Payment.
- Membership Program. The Site may provide the option of subscribing to Payment-based programs providing certain benefits to program subscribers (“Membership Program”). Subscription to a Membership Program is completely voluntary and not required to use the Site. The required Payment for participating in our monthly Membership Program (“Monthly Program”) is $1.99 per month charged approximately every 30 days starting on the date you joined the Monthly Program in accordance with Section 2(h) above. Except for the Monthly Program fee, no minimum purchase is required. Subscription to the Monthly Program provides for a $1.00 discount on certain Services offered through the Site, as indicated on the Site. Subscription to a Membership Program may be canceled at any time within the Site in accordance with its cancellation instructions. If you cancel your subscription to a Membership Program, except as set forth in Section 10, Termination, your subscription will expire at the end of the then-current subscription period. No refunds are available for subscription Payments for a Membership Program. You may direct questions regarding Membership Programs to firstname.lastname@example.org.
- Service Descriptions. Certain Services may be labeled as “Espresso” or as containing “Espresso.” We may provide such Services using alternative or similar products or methods in our sole discretion. Such Services may include coffee brewed in any number of manners that resemble or reflect espresso coffee.
- Reward Programs.
- The Sites may provide the option of earning points as a result of making Payments for purchased Services or taking certain actions in the Site (“Rewards”). For each dollar of Payment made to Joylab minus taxes, tips, discounts, donations, and fees such as packaging, handling, or delivery fees, you may earn one point of Rewards. The Site will set forth the points awarded after Payment is made for each purchase of Services. Note that Rewards points may be rounded to the nearest whole number depending on the value of your purchase and the points calculation method we employ. Rewards points are only provided for purchases of Services made in US Dollars. We may, in our sole discretion, with or without notice:
- offer the Rewards program to all Users automatically and by default or require Users to affirmatively opt in to a Rewards program, which may or may not be subject to Payment of Rewards program fees;
- offer different amounts of Rewards for different kinds of purchased Services or actions within the Site;
- change the amount of Rewards provided for different kinds of purchased Services;
- modify the relative value of each Reward point and adjust the number of points available to Users in accordance with the amount of Rewards in each User's Rewards account;
- determine whether and at which of our locations Rewards programs are valid and at which locations Rewards points may be redeemed;
- provide Rewards points for past purchases made before commencement of a Rewards program or before Users join a Rewards program, and/or provide Rewards points to Users automatically upon joining a Rewards program regardless of current or past purchases made;
- modify the benefits of the Rewards program or each Rewards point, including the Services that may be obtained with Rewards points and how many points are needed to obtain certain Services; and
- at any time cancel or suspend any Rewards program or any User’s Rewards points without any compensation, liability, or obligation to you or any User, and in which case all Rewards points accrued by Users or the User shall be void.
- Participation in a Rewards program is completely voluntary and not required to use the Site. Rewards programs are intended for personal use only. Commercial use is prohibited. Rewards programs are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Rewards programs only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- Rewards points are active and available to you for 365 days after your last purchase of Services. Rewards accrued that are not used within 365 days after your last purchase of Services will expire and become unavailable. You can view and track your points balance and other related information in the Site.
- Rewards are personal to the User who accrued them and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Rewards account that is personal to you.
- Rewards points accrued are promotional, have no cash value, and cannot be redeemed for cash. In addition, your redemption of Rewards points cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Joylab.
- If you void or cancel a purchase of Services or return or dispute a Service you purchased, the Rewards points that were accrued for the purchase will be deducted from your Rewards balance and will no longer be available.
- When using the Sites, you may have the ability to post content (e.g., user names, photographs, avatars, and/or menu item names) (“User Content”). You are solely responsible for all User Content that you provide, post, upload, submit, transmit, generate, display, distribute, or exhibit through the Sites. We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any User Content posted by users on the Sites or Services. We do not endorse, guarantee, make representations or provide warranties regarding any User Content. You understand that by using the Sites, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You acknowledge that Joylab simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of User Content and you agree that Joylab has no obligation to (but may at its sole election) screen, preview, monitor or approve any User Content. You waive the right to bring or assert any claim against Joylab relating to any User Content, and release Joylab from any and all liability for or relating to any User Content. When you provide User Content, you understand that certain information and content you choose to post may be displayed publicly through the Sites or elsewhere. Other users may create User Content based on, similar to, or identical to your User Content, and as set forth in these Terms, we have no responsibility for such User Content of other users.
- While we use reasonable security measures designed to protect User Content, we cannot guarantee the security or safety of User Content. You also assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5(b)). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Joylab. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Joylab is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- Except for the rights granted to or obtained by Joylab with respect to Feedback in Sections 2(e) and (f), Joylab is not acquiring any right, title or interest in or to your User Content. You can remove the User Content from your Account at any time by deleting such User Content or deleting your Account. As a condition to providing User Content to us or posting content using the Services, you grant us, our affiliates and our other users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, curate, adapt, edit, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your User Content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our Sites or current Services and develop new ones, in any form, medium or technology now known or later developed, whether online or otherwise. The foregoing includes our right to make User Content available to other companies, organizations or individuals for the syndication, broadcast, display, distribution, promotion or publication of such User Content on other media and services, including to publish and recipes, ingredient lists, or processes related to beverages you create as part of your User Content or otherwise. We will not compensate you for any of your User Content and you waive any rights to seek compensation from us or our affiliates for User Content as the use of the Sites by you is hereby agreed as being sufficient compensation for the User Content and grant of rights herein. Further, you agree to waive your moral rights and promise not to assert any rights in your User Content against us. You acknowledge and agree that the above license cannot be terminated by you once your User Content is submitted to the Site. You grant to Joylab all rights necessary to publish or refrain from publishing your name and/or information in connection with your User Content.
- You represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your User Content necessary to make the above license and grant, (2) your User Content is accurate, (3) your User Content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law, and (4) each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms.
Use Of The Sites
- We respect the intellectual property of others and require that Account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our Sites for users who use or publish content on the Sites that is subject to intellectual property rights claims. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your intellectual property rights have been infringed by content on the Services, you may request a removal of this content from our website by submitting this Infringement Report Form to email@example.com or: Joylab, Inc., Attn: Legal, 600 17th St. Suite 2800-South, Denver, CO 80202. If you believe that your User Content was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA. We may terminate an infringer’s Account or other access to the Sites in our sole discretion and we have a policy to terminate accounts of repeat infringers.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Sites, including to collect, upload, transmit, display, or distribute any User Content, to (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) engage in conduct that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) engage in any conduct that is harmful to minors in any way; or (iv) engage in any conduct that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Sites any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) use the Sites to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Sites (or to other computer systems or networks connected to or used together with the Sites), whether through password mining or any other means; (v) harass or interfere with any other user’s use and enjoyment of the Sites; (vi) mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (vii) use software or automated agents or scripts to produce multiple accounts on the Sites, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Sites (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Removal, Take Down and Enforcement. We reserve the right (but have no obligation) to review any User Content and investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with these Terms and/or reporting you to law enforcement authorities. Without limiting the foregoing, we reserve the right to take your Account or User Content offline if we in our sole discretion determine the same violate any intellectual property, privacy, or other right of any person or entity.
You agree to indemnify and hold Joylab (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites, including related to your Feedback or User Content, (b) your violation of these Terms or the Acceptable Use Policy, and (c) your violation of applicable laws, rules or regulations. Joylab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Joylab. Joylab will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links, Applications & Ads; Other Users
- Third-Party Links, Applications & Ads. The Sites may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Content”). Such Third-Party Content is not under the control of Joylab, and Joylab is not responsible for any Third-Party Content. Joylab provides access to Third-Party Content only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use any Third-Party Content at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Content.
- Open-Source Software. Certain software code incorporated into or distributed with the Sites may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under Section 2(a) and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
- Other Users. Each user of the Sites is solely responsible for any and all of such user’s own use of the Sites and their User Content. Because we do not control the actions of other Users or their User Content, you acknowledge and agree that we are not responsible for any actions of other Users or their User Content.
NO GUARANTEE, WARRANTY OR REPRESENTATION OF ANY KIND IS MADE REGARDING THE COMPLETENESS OR ACCURACY OF THE SITES, INCLUDING USER CONTENT, WHICH SHOULD BE INDEPENDENTLY VERIFIED, AND JOYLAB EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION THEREWITH.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND JOYLAB (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT: (1) THE SITES OR ITEMS PURCHASED THROUGH THEM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SITES WILL BE ACCURATE OR RELIABLE; (4) THE SITES OR THE SUGGESTIONS OF INFORMATION YOU STORE IN THE SITES ARE ADEQUATE OR APPROPRIATE FOR YOUR INTENDED PURPOSE; OR (5) THAT THE SERVICES WILL REFLECT YOUR INDEPENDENT UNDERSTANDING OF THE SERVICE.
Limitation on Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL JOYLAB BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING USER CONTENT), OR DAMAGES OR COSTS ARISING OUT OF THE SITES OR THESE TERMS, OR LOSS OF PROFITS, REVENUE OR DATA, WHETHER OR NOT JOYLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
THE LIMITATION OF LIABILITY IN THIS SECTION WILL APPLY NOTWITHSTANDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM JOYLAB OR THE SITES (INCLUDING USER CONTENT), AND WILL APPLY TO ALL DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DELAYS IN SERVICES, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO JOYLAB’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR JOYLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY SECTION WILL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE ON OR THROUGH THE SITES OR JOYLAB.
SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SITES, FROM INABILITY TO USE THE SITES, FROM MISTAKES IN THE SITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES OR RELATED TO USER CONTENT).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We may suspend or terminate your rights to use the Sites (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. If you want to terminate the Services provided by Joylab, you may do so by deleting your Account on your Account profile page or contacting us at firstname.lastname@example.org. Upon termination of the Sites by either party for any reason, your Account and right to access and use the Sites, including the right to any Rewards points you may have accrued, will terminate immediately and we may block or prevent your future access to and use of the Sites. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms. Joylab will not have any liability whatsoever to you for any termination of your rights under these Terms including for termination of your Account, deletion of your User Content, or canceling or voiding any Rewards points. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1(b), 2(b)-(g), and 4 –10.
- Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. It requires you to arbitrate disputes with Joylab and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Sites or to any aspect of your relationship with Joylab, will be resolved by binding arbitration, rather than in court, except that you or Joylab may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Joylab, Attn: Legal, 600 17th St. Suite 2800-South, Denver, CO 80202. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party will cover its own arbitration costs.
- Authority of Arbitrator. The arbitrator will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Joylab. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Joylab are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in subsection 10(a)(i) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Colorado. All other claims will be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to email@example.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Joylab username (if any), the email address you used to set up your Joylab account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in subsection 10(a)(v), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Joylab.
- Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Joylab makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Joylab at firstname.lastname@example.org.
- International Users. The Sites are directed to users in the United States of America but can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Joylab intends to announce such Services in your country. The Services are controlled and offered by Joylab from its facilities in the United States of America. Joylab makes no representations that the Sites are appropriate or available for use in other locations. Those who access or use the Sites from other countries do so at their own volition and are responsible for compliance with local law.
- Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Joylab agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in Denver, Colorado.
- Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Electronic Communications. The communications between you and Joylab use electronic means, whether you use the Sites or send us emails, or whether Joylab posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Joylab in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Joylab provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy. The foregoing does not affect your non-waivable rights.
- Notice. Where Joylab requires that you provide an e-mail address, you are responsible for providing Joylab with your most current e-mail address. In the event that the last e-mail address you provided to Joylab is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Joylab’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Joylab at the following email: email@example.com. Such notice will be deemed given when received by Joylab upon confirmation that the email was received.
- Force Majeure. Joylab will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Entire Agreement. These Terms constitute the entire agreement between you and us regarding the use of the Sites and Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Joylab’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Joylab may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. These Terms are drafted in the English language, and no translation of the Terms has any force and effect.
- Copyright/Trademark Information. Copyright © 2021, Joylab, Inc. All rights reserved. All trademarks, logos and Services marks (“Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.