Terms of Use

Last Modified: July 11, 2018

Accepting the Terms

Welcome to Joyency. These Terms of Use apply to the Joyency, LLC (“Joyency”) website located at www.Joyency.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms of Use appear or are linked (collectively, the “Site”). As used in these Terms of Use, “Joyency”, “us” or “we” refers to Joyency LLC and its subsidiaries and affiliates.

These Terms of Use are entered into by and between You, the User (“User”) and Joyency. The following terms and conditions govern your access and use of the Site, including any content functionality, and services offered on or through the Site.

By accessing and using the Site you accept and agree to be bound by the terms and provision of this agreement. In addition, when using the Site’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

ANY PARTICIPATION IN THE SITE, AFTER RECEIVING NOTICE OF ANY KIND, ACTUAL, INQUIRY, ETC, WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.

Changes to These Terms of Use

Joyency reserves the right to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, and in its sole discretion, by posting revised terms on the relevant Site. Notification of such changes will be provided on the homepage of the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect immediately and will apply only on a going-forward basis. Your continued use of the Site after that point signifies that you accept the changes.

Privacy Policy

Joyency respects your privacy and is committed to protecting it through compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Joyency or any third party; and/or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site.

Electronic Communications

When you use the Site’s services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Joyency services, and you can retain copies of these communications for your records.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Age of User

The Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information or make any purchases through Site. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at PO Box 2731, Sioux City, IA 51106 or josh@joyency.com

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Site, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other identifier by which you may be contacted online or offline, or ANY OTHER INFORMATION THE SITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (”personal information”);
  • that is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access the Site and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and/or
  • from third parties, for example, our business partners.

The information we collect on or through the Site may include:

  • information we collect through automatic data collection technologies;
  • information that you provide by filling in forms on the Site, including information provided at the time of registering to use the Site, subscribing to or our service or purchasing our product, posting material, or requesting further services;
  • records and copies of your correspondence (including email addresses), if you contact us;
  • your responses to surveys that we might ask you to complete for research purposes;
  • details of transactions you carry out through the Site and of the fulfillment of your orders (You may be required to provide financial information before placing an order through the Site.); and/or
  • your search queries on the Site.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and functions, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Site.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Site and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Site or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the order form or contact us form. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Joyency’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Joyency about our Site users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Site, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Joyency, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices about How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

Accessing and Correcting Your Information

You may also send us an email at josh@joyency.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Use.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to josh@joyency.com or write us at PO Box 2731, Sioux City, IA 51106.

Data Security

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Site Content

Product Descriptions and Site Errors

All features, content, availability, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.  The Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any error or omissions in that information. Any reliance on the material on the Site is at your own risk.

Responsible Use

Joycency products include instructions for use and care that should be followed to minimize risk of injury or harm. Joyency markets products intended for adult use and not for use by children, but if used by children, adult supervision is required. Joyency’s products are specifically designated for outdoor, tailgating purposes, where alcoholic beverages may be consumed. We do not condone the use of alcohol consumption by individuals under the legal drinking age, and we encourage responsible use of alcohol at all times. 

Color

Our goal is to display information as accurately as possible, including the applicable colors. However, the actual color you see depends on your device set-up, and Joyency cannot guarantee that your device will accurately display such colors.

Reviews, Comments, Communications, and Site Conduct

You may submit content, suggestions, ideas, comments, questions, or other information  so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You may not use false credit card, debit card, or other payment information; in the event you do, you agree to fully indemnify Joyency. Joyency reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do submit material, and unless we indicate otherwise, you grant Joyency a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Joyency and sublicensees the right to use the real name, username, image, likeness, caption, location, or other identifying information that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Joyency for all claims resulting from content you supply. Joyency has the right but not the obligation to monitor and edit or remove any activity or content. Joyency takes no responsibility and assumes no liability for any content posted by you or any third party.

Transactions

The Site does not process debit cards, credit cards, or take other payment processing information. Payment processing is handled through third-party services. The Site will likely contain links to such services. While Joyency abides by the terms and conditions set forth on third party sites where Joyency is hosted, Joyency is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Joyency strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. YOU MUST ABIDE BY AND ADHERE TO THE TERMS AND CONDITIONS ON SUCH THIRD-PARTY SITES IN ADDITION TO THOSE SET FORTH BY JOYENCY. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Joyency of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site.

YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Return, Refund, and Risk of Loss

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Joyency reserves the right at any time after receipt of your order to accept or decline your order for any reason. Joyency reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order. All orders placed on this Site are subject to product availability. Additionally, all orders are subject to the customs and export laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.

All items purchased from Joyency are sent by a third-party carrier pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. All returns, replacements, and refunds are governed by Joyency’s warranty https://joyency.com/warranty

Force Majeure

Joyency shall be excused from performance under these Terms of Use, to the extent it or a business partner is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; (f) governmental act or regulation; or (g) other causes beyond the reasonable control of Joyency or a business partner, as applicable.

Proprietary Rights

For purposes of these Terms of Use, “Content” is defined as any information, communications, software, published works, photos, video, graphics, thumbnails, music, sounds, or other material that can be viewed by users on our Site and is owned by Joyency. Additionally, “Content” also includes all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula, or work product.

By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, these rights are valid and protect in all forms of media and technologies existing now developed in the future, and is the sole property of Joyency.

Joyency authorizes you, the User, to view the Contents on the Site, and to download and make a single copy of all or a portion of the Contents at your own risk and own for your PERSONAL, NON-COMMERCIAL USE. You may not use the Site or any of its Contents for commercial purposes or in any way that is unlawful, or harms Joyency, or any other person or entity, as determined in its sole discretion. You may not otherwise copy, download, print, modify, use, distribute, transmit, perform, broadcast, publicize, upload, license, reverse engineer, transfer or sell, or the create derivative works from any material, information software, products, or services obtained from the Site, its Contents, or any related software for purposes competitive to Joyency in any way without prior written permission from Joyency. Nothing in these Terms of Use grants you, by implication, estoppel, or otherwise, any right to use any Content contrary to the stipulations made above.

Joyency does not warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

Legal

Choice of Law

The laws of the State of Iowa govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in Iowa for any action arising out of or relating to these Terms of Use of the Site. You also agree the Federal Arbitration Act and applicable federal law also governs these Terms of Use and your use of the Site.

Arbitration

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration, rather than in court. You may assert claims in small claims court if your claims qualify. Arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

In arbitration, there is no judge or jury, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damage) and must follow the terms of these Terms of Use as a court would.

Both you and Joyency agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason, a claim proceeds in court rather than an arbitration, we each waive any right to a jury trial.

Disclaimer of Warranties

JOYENCY IS PROVIDING THE SITE TO THE USER “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS.” THE USER IS USING THE SITE AT THEIR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, JOYENCY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT THE SITE ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

JOYENCY MAKES NO WARRANTY TO MAINTAIN USER PROVIDED CONTENT ON THE SITE. JOYENCY MAKES NO WARRANTY TO CONTINUE THE SITE, PRODUCTS, SERVICES, AND/OR THE SOFTWARE USED IN THE SITE’S OPERATION. THE SITE, PRODUCTS, SERVICES PROVIDED, AND/OR SOFTWARE MAY BE DISCONTINUED AT ANY TIME WITHOUT NOTICE OR OBLIGATION.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL JOYENCY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.

THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO/ALTERATION OF/LOSS OF USE OF ANY RECORD OR DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

REGARDING THE INFORMATION ON THE SITE, JOYENCY WILL NOT BE LIABLE REGARDLESS OF THE CAUSE, DURATION, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, INAUTHENTICITY, DELAY OR INTERRUPTION OF TRANSMISSIONS, AND MODIFICATION OR REMOVAL OF CONTENT.

JOYENCY IS NOT LIABLE TO MAINTAIN COMMENTS, REVIEWS, LIKES, VIEWS, AND OTHER SUCH USER CONTRIBUTIONS ON ANY DELETED CONTENT ON THE SITE. LIKEWISE, JOYENCY IS NOT LIABLE FOR ANY ERROR, OMISSION, OR REMOVAL OF CONTENT ON THE SITE.

THE FOLLOWING PROVISION APPLIES IF JOYENCY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE ON OUR PART REGARDLESS OF WHETHER THE CUSTOMER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND PROOF OF DAMAGES IS DIFFICULT TO PROVE. IN NO EVENT SHALL JOYENCY’S AGGREGATE LIABILITY BE GREATER THAN $100, TO THE AMOUNT EQUAL TO THE CONTRACT PRICE OF THE DISPUTED SERVICES, OR THE SUM OF MONEY ACTUALLY PAID BY CUSTOMER TOWARD THE DISPUTED SERVICES, WHICHEVER IS LESS. YOU AGREE THIS SUM IS CONSIDERED LIQUIDATED DAMAGES, NOT AS A PENALTY, AND IS REASONABLE IN THE LIGHT OF THE ANTICIPATED OR ACTUAL LOSS CAUSED BY A POTENTIAL BREACH OF CONTRACT THROUGH YOUR USE OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Joyency, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S. or foreign law or rights of a third-party.

Third Party Liability

You herein acknowledge, understand, and agree that, unless otherwise provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. Likewise, in the event of conflict between Joyency’s Terms of Use and those of Third Party Host Sites, on matters pertaining to such sites, like order payment, the Third Party Host’s Terms will preclude Joyency’s own. If Host Site’s Terms are silent on particular issues, Joyency’s Terms will control.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

Contact Information

If you have questions or comments regarding these Terms of Use, or if you wish to review or change your Personal Information obtained by Joyency, you may contact us at:

Joyency LLC

PO Box 2731

Sioux City, IA 51106

712.581.0593

josh@joyency.com