Terms of Use

These Terms of Use ("Terms") apply to your use of this website. Any purchase of products or services offered through this website is subject to the Purchase Terms ("Purchase Terms") on the respective company website, which are incorporated herein by reference. Additionally, your use of this website is subject to the Privacy Policy, which is also incorporated by reference.

Throughout the website, the terms "we," "us," and "our" refer to the company. The company provides this website, including all information, tools, and services available on it, to you, the user, conditioned upon your acceptance of these Terms. By continuing to use this website, you agree to these Terms. If you do not agree to be bound by these Terms, please do not use this website.

PLEASE READ THESE TERMS OF USE CAREFULLY ALONG WITH THE PRIVACY POLICY AND OTHER POLICIES OR AGREEMENTS REFERENCED HEREIN BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE "DISPUTE RESOLUTION" SECTION BELOW.

Data Integrity

You certify that all information, data, and other materials you provide on this website or otherwise to the company are true, accurate, current, and complete. You are responsible for updating and correcting the information you provide on this website as necessary.

Privacy Policy

A copy of the Privacy Policy, which governs the collection, use, disclosure, and other processing of personal data on this website, is available at joyfulgardenlife.com. You agree that any personal data we receive about you (whether through this website, email, telephone, or other means) will be collected, stored, and processed in accordance with the terms of the Privacy Policy.

License and Website Access

All content available through this site (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as their selection and arrangement) is the exclusive property of the company, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws.

The company grants you a limited license to access and use this website for personal purposes. Unless otherwise stated, you may access, copy, download, and print the content available on this site for personal, non-commercial use, provided that you do not alter or delete any copyright, trademark, or other proprietary notices appearing in the content. The company, its licensors, or content providers retain full ownership of all content on the site, including all associated intellectual property rights, and provide you with this content under a license that may be revoked at the company’s sole discretion at any time. The company strictly prohibits any other use of the content available through the site, including but not limited to:

  • Downloading, copying, or otherwise using content or the website for purposes that compete with the company or benefit another vendor or third party.
  • Caching, unauthorized linking to the website, or framing of content available on the website.
  • Modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring, or selling any content, products, or services obtained from the website.
  • Uploading, posting, or transmitting any material that contains software viruses or other computer code, files, or programs designed to disrupt, destroy, or limit the functionality of any computer.
  • Using hardware or software intended to intercept, collect, or extract system data or personal information from the website, including but not limited to "scraping" or other data mining techniques, robots, or similar tools.
  • Taking any action that (in the company’s sole discretion) places an unreasonable or disproportionately large load on the company's infrastructure or disrupts the proper functioning of our services.

You are responsible for obtaining access to the website, which may involve third-party fees (such as internet service provider or mobile carrier charges). Additionally, you must provide and are responsible for all equipment necessary to access the website. You may not bypass any measures implemented to prevent or restrict access to this website. Any unauthorized access to the site by you (including access through an account you create on the site or a device you use to access the site) will result in the termination of any permission or license granted to you by the company.

The company reserves the right to deny or cancel any person’s registration for this website, remove any person from this website, and prohibit any person from using this website for any reason, as well as limit or terminate your access to or use of the website at any time without notice. The company does not warrant or represent that your use of the content available on this site will not infringe on the rights of third parties not affiliated with the company. Termination of your access or use does not constitute a waiver of any other rights or remedies to which the company is entitled under law.

User-Submitted Content

You acknowledge that you are responsible for any content you submit through the website, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload, distribute, or otherwise publish content on this website that is confidential, copyrighted, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, blasphemous, abusive, harassing, hateful, racist, ethnically objectionable, or otherwise inappropriate. You may also not upload, post, or transmit material that encourages criminal activity, violates the rights of any party, or otherwise gives rise to liability or violates applicable laws.

You may not use a false email address, impersonate any person or entity, or otherwise mislead the origin of content.

For any content you submit, post, upload, publish, or otherwise provide through the website (excluding personal information, which is handled per the Privacy Policy), you grant the company a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, distribute, publicly display, modify, create derivative works, and sublicense such content in any media. Such content will not be treated as confidential. You represent, warrant, and agree that:

  1. The content you provide does not include any text, images, music, videos, or other materials for which you do not have full rights to grant the company this license.
  2. The company is free to exercise its rights to use your content as it sees fit without needing further permission or licensing from a third party.

Links

This website may contain links to third-party websites or resources not affiliated with the company. These links are provided for your convenience and as an additional resource for information. We are not responsible or liable for the content, advertising, products, or other materials on or available from such websites or resources. The inclusion of links to other websites or resources does not imply endorsement of the content found on those sites.

Different terms and privacy policies may apply to the use of linked websites or resources. The company is neither directly nor indirectly responsible or liable for any damage, loss, or liability caused or allegedly caused by or in connection with the use of or reliance on any content, products, or services available on or through such linked sites or resources.

DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Acknowledgment and Agreement

You acknowledge and agree that you assume full responsibility for your use of the site, communication with third parties, and the purchase and use of products and services available through the company's websites. You acknowledge and agree that any information you send or receive while using the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is provided to you free of charge.

You acknowledge and agree that neither the company nor its licensors, suppliers, or third-party content providers ("Company Parties") shall, to the fullest extent permitted by applicable law (including, without limitation, consumer protection laws), be liable for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages or any other damages arising from:

  1. This website or any other website or resource accessed through a link from this website.
  2. Actions taken or not taken by us in response to communications you send to us or in any way related to such communications.
  3. Any products or services provided or purchased through the company’s websites, including any damages or injuries resulting from the use of such products or services (including product liability).
  4. Any delay or inability to use the site or any information, products, or services advertised on or obtained through the site.
  5. The modification, removal, or deletion of any content submitted or posted on the site.
  6. Any use of the website, whether based on contract, tort, strict liability, product liability, or otherwise, even if the company parties have been advised of the possibility of damages.

It is the user's responsibility to evaluate the accuracy, completeness, or usefulness of opinions, advice, or other content available through the site or from a linked site or resource.

This disclaimer applies without limitation to damages or injuries resulting from performance failures, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, file corruption, communication line failure, network or system outages, loss of profits, or theft, destruction, unauthorized access, alteration, loss, or use of records or data, as well as any other tangible or intangible loss.

You expressly acknowledge and agree that neither the company nor its licensors, suppliers, or third-party content providers shall be liable for any defamatory, offensive, or illegal conduct of any user of the website. Your sole remedy for any claims or disputes with the company is to discontinue your use of the website.

Limitation Period
You and the company agree that any cause of action arising from or related to the website must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. Since some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions or limitations on liability for consequential or incidental damages, the above limitation may not fully apply to you.

Indemnification

You agree to indemnify, defend, and hold the company parties harmless from all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys' and expert fees) arising from:

  1. Your breach of these Terms of Use.
  2. Your breach of the purchase terms.
  3. Your fraud, willful misconduct, or gross negligence.
  4. Your violation of applicable laws or third-party rights.

The company parties have control over the defense of any claims subject to this indemnification, and in no event may you settle any claims without the prior written consent of the company parties.

Electronic Communication

By using the website or sending emails to the company, you communicate with the company electronically. You agree to receive all communications related to your use of this website electronically. The company communicates with you via email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements for written communication.

All communications from the company intended for a customer shall be deemed delivered and effective when sent to the email address you provided on any of the company’s websites.

Trademarks and Copyrights

The trademarks, logos, and service marks ("Trademarks") displayed on the website are the property of the company or its licensors, content providers, or other parties. Users or third parties acting on their behalf are prohibited from using the Trademarks for any purpose, including but not limited to using them as meta tags on other pages or websites, without written permission from the company or the third party that owns the trademarks.

Without express written consent from the company, you may not use framing techniques or technologies to enclose any content on the site. Additionally, without express written consent from the company, you may not use any site content in meta tags or other "hidden text" techniques or technologies.

All content (including all software programs) available on or through the site is protected by copyright, trademark, and other applicable laws.

Intellectual Property Infringement Claims

The company respects the intellectual property rights of others, and we ask our users to do the same. You are hereby notified that the company has adopted and reasonably implemented a policy that provides for the termination, under appropriate circumstances, of website users who repeatedly infringe copyrights.

If you believe that your work has been copied in a manner that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide the company’s copyright agent with the following information (to be effective, the notification must be in writing and submitted to our copyright agent):

  • An electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property rights owner.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works on a single online site are covered by a single notice, a representative list of such works on that site.
  • Identification of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or to which access is to be disabled, along with a description of where the material in question is located on the site.
  • Your address, telephone number, and, if available, email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

The company’s agent for notification of claims of copyright infringement or other intellectual property rights violations can be contacted as follows: support@joyfulgardenlife.com