JOINERY
Terms & Conditions of Use Agreement
Effective Date: June 1, 2024
Date of Most Recent Revision: June 1, 2024
INTRODUCTION
This Website (defined below) is provided by Joinery, Inc. (referred to hereinafter as “JOINERY” or “we” (including objective “us” and possessive “our”)). These “Terms and Conditions of Website Use” (“Agreement”) constitute the Agreement between you, the end user (“User,” or “you,” including possessive “your,”), and Joinery in regard to your use of the Website, regardless of the manner in which you access or use the Website. Under this Agreement, the term “Website” means the website and all webpages located by the Joinery.vip Internet domain address and all features, applications (including the JOINERY App (“App”) and any directly related apps you download on your phone or tablet device) \, content (including all text, graphics, photographs, and video), and downloads that are operated by JOINERY on this Website, and that are available through this Website, and that interact with or link to this Agreement. The Website and the App together with any services provided by JOINERY are collectively referred to herein as the “Services.”
If you want to use the Website or the App, you must carefully read this Agreement, because it constitutes a written contract between you and JOINERY and it affects your legal rights and obligations. Each time you access and/or use the Website or the App, you agree to be bound by and comply with all the terms and conditions of this Agreement: landing on our homepage constitutes your affirmative consent that you will comply with and be bound by the terms of this Agreement. In addition, if you become a Subscriber (defined below), you will be required to indicate your ongoing consent to the terms of this Agreement by clicking on a consent button prior to submitting your subscription request. Therefore, do not use the Website or the App if you do not agree to all of the terms of this Agreement.
Also, please note that JOINERY reserves the right to modify, change, amend, update, or supplement the terms and conditions of this Agreement at any time; and while we may indicate the effective date of the most recent update of this Agreement on the Website, JOINERY reserves the right to modify, change, amend, update, or supplement the terms and conditions of this Agreement update without advance notice to Users of the Website and/or the App. Therefore, we recommend that you review this Agreement from time to time to determine if changes have been made to this Agreement.
You may have this Agreement emailed to you by sending a letter to JOINERY, Inc., Attn: Terms and Conditions of Use Agreement, JOINERY CONNECTIONS, INC 3839 McKinney Avenue Suite 155-5089 Dallas, TX 75204-1488. the address above. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
1. WEBSITE USERS.
A. User Categories.
The Website provides Content (defined in Section 2 below) for the following different types of Users, and this Agreement applies to each category.
In all categories below, if you are a minor, you may not use this Website. If you use this Website, you are making an affirmative representation either that you are eighteen years of age (born in 2005 or earlier).
(1) Visitors.
The Website welcomes all visitors. “Visitors” to the Website are defined as persons who use the Website without registering and creating an account. Visitors may access limited Content (see Section 2) and may engage in limited activities on the Website.
(2) Subscribers.
A Visitor who registers and creates an account profile on the Website becomes a “Subscriber.” In addition to being able to access the Content available to Visitors, Subscribers may send secure messages both to other Subscribers and to Joinery. Additional Content and features are available to Subscribers for specific fees at various Subscription Levels, which are delineated on our Subscriptions page. The term Subscriber applies to all of the following User categories: –
(3) Vendors.
The term “Vendor” refers to an individual or entity which has entered into an agreement with Joinery to provide goods or services to Visitors and Subscribers via the Website. Vendors may advertise their goods or services on the Website. Other Website features available to Vendors are detailed on our Subscriptions page.
B. Identification Verification and Background Checks on Subscribers
JOINERY conducts identification verification on Subscriber to the Services. While Joinery does not regularly conduct background checks on every person who becomes a Subscriber or wants to become a Subscriber, JOINERY reserves the right, in its sole discretion and judgment, to conduct complete background checks on every Subscriber to the Services. By registering for a Subscription, you consent, without any limitation whatsoever, to be the subject of any number of background checks, including criminal records and educational and training verifications, which JOINERY, in its sole discretion, determines to be necessary at any time in your case. JOINERY reserves the unlimited and absolute right to deny or suspend Subscriber status to or for anyone in JOINERY’s sole discretion. If Joinery denies or suspends Subscriber status, JOINERY may, but is not obligated to, provide an applicant for Subscription with an opportunity to respond to such denial or suspension; however, if JOINERY refuses, for any reason in its sole discretion, to grant or reinstate Subscriber status after an applicant has responded to a denial or suspension of Subscriber status, you acknowledge that such refusal shall not be a breach of this Agreement, and you acknowledge that JOINERY shall not incur any liability for any losses or damages which result from a denial or suspension of Subscriber status to or for any person or entity for any reason. All information, records, and reports from all background checks shall be considered confidential information of JOINERY.
JOINERY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. JOINERY RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE JOINERY TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY JOINERY, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
2. CONTENT.
A. Content.
The Website contains, or may contain, a variety of materials and other items relating to Joinery and its products and services, and similar items from our licensors, network members, and other third parties. All content on this Website, including, but not limited to, all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by JOINERY (including JOINERY and the JOINERY Logo) and those owned by third parties and licensed to JOINERY for use on the Website (collectively, “Trademarks”), and other forms of intellectual property are defined collectively as “Content,” which term includes all of the foregoing.
B. Ownership.
The Website (including any past, present, and future versions) and the Content are either owned by Joinery or controlled by JOINERY through licenses granted to JOINERY by its licensors. All right, title, and interest in and to the Content available via the Website is the property of Joinery or of its licensors, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property and unfair competition laws. In addition to JOINERY’s copyright ownership of the Content, Joinery owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website. “Intellectual Property Rights,” as used in this Agreement, means any and all rights belonging to JOINERY and existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between you and JOINERY, JOINERY retains all its respective titles, interests, and ownership in the Website and the Content, and you understand and acknowledge that neither you nor any other User acquires any ownership in any Intellectual Property Rights regarding the Website or the Content under this Agreement.
C. Limited License Granted to You.
Subject to your strict compliance with this Agreement, JOINERY grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (the “Limited License”) to do the following:
(1) download (for temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in any form, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Access Device”) for your personal, non-commercial use only; and
(2) use certain Content that we may make available on the Website explicitly for you for use as part of your User-Generated Content (defined below), which Content is defined hereinafter as “JOINERY Licensed Elements,” but your use of the Joinery Licensed Elements must be restricted to only such purposes as may be explicitly stated at the time that the JOINERY Licensed Elements are made available on the Website.
The foregoing Limited License does not give you any ownership of, or any other intellectual property interest in, any Content, and you acknowledge that JOINERY reserves the right to suspend or terminate, at any time and for any reason, your Limited License without any advance notice to you, and without any liability. This Agreement includes only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by JOINERY. Any unauthorized use of any Content or the Website for any purpose is strictly prohibited.
D. Rights of Others.
In using the Website, you must respect the rights of others. Your unauthorized use of Content may violate rights owned by JOINERY or its licensors, and/or your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws. If you make unauthorized use of Content owned by JOINERY or its licensors or of materials owned by a third party, your use may result not only in the termination or suspension of your Subscription, but also in personal liability for you, as well as potential criminal liability.
E. Third-Party Websites.
The Website may provide links to other websites operated by third parties who are not related to, affiliated with, or endorsed by JOINERY. Because Joinery has no control over such third-party websites, you understand and acknowledge that JOINERY is not responsible for the availability of such websites and bears no responsibility or liability whatsoever for any content, advertising, services, products, or other materials on or available from such websites. Accordingly, you acknowledge and agree that JOINERY shall have no responsibility or liability, directly or indirectly, for any damage or loss suffered by you and caused directly or indirectly by such third-party websites. Further, you understand, acknowledge, and agree that this Agreement does not apply to third-party websites and that your use of such websites is subject to the terms and conditions and policies of the owner or owners of such third-party websites.
3.USER-GENERATED CONTENT: CONTENT YOU SUBMIT.
A. Your Ownership of User-Generated Content.
JOINERY may provide Subscribers to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, articles, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Subject to the rights and license you grant to JOINERY in this Agreement (see below), you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content. You understand and acknowledge that JOINERY has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content.
B. Your User-Generated Content Is Not Confidential.
You may have the right to share your User-Generated Content with other Users of the Website whom you select, in accordance with the available privacy settings on the Website or with other features that JOINERY makes available. The sharing of User-Generated Content may be one of the purposes of the Website as it is developed by JOINERY, but you understand and acknowledge that JOINERY is under no obligation to provide opportunities for you to generate and share User-Generated Content on the Website. However, please be aware that if you create and submit User-Generated Content, your User-Generated Content will not be private or confidential unless your privacy is affirmatively indicated by JOINERY (as when, for example, you send a secure message to a Subscriber or to JOINERY). In all other circumstances, you acknowledge that you do not have a right of privacy in regard to your User-Generated Content. JOINERY will strictly maintain its Privacy Policy in regard to personally identifiable information that you provide as part of your profile and subscription to the Website, but JOINERY has no obligation to you in regard to your User-Generated Content and no obligation to maintain your User-Generated Content as confidential or private. Therefore, do not post and/or share as User-Generated Content any personally identifiable information such as names, addresses, telephone numbers, email addresses, credit card numbers, social security numbers, bank account numbers, private health information or records regarding you or another person, or other private information which relates to you or to another specific individual (hereinafter, “PII”). Under this Agreement, you acknowledge that your User-Generated Content is non-confidential, unless JOINERY provides you, in advance, with affirmative confirmation that your privacy will be secure. Further, you acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will therefore undertake to refrain from including any PII in your User-Generated Content.
C. The License You Grant to JOINERY Regarding Your User-Generated Content.
You hereby grant to JOINERY a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content for any purpose whatsoever, in all formats, on or through any media, software, formula, or medium now known or yet to be developed in the future, and with any technology or devices now known or yet to be developed in the future. Without limitation, the rights you are granting to JOINERY extend to any personal stories or testimonials that you share as User-Generated Content, including the rights to:
(1) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and combine your User-Generated Content with other materials; remove such User-Generated Content and combine same with other materials; and
(2) feature, emphasize, or make conspicuous any User-Generated Content in JOINERY’s sole discretion; and
(3) use any ideas, concepts, know-how, or techniques contained in your User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services; and
(3) manage and/or remove your User-Generated Content from the Website;
(4) refrain from making any use of your User-Generated Content.
In order to further effect the rights and license that you grant to Joinery to your User-Generated Content, you hereby waive any moral rights (including right of attribution and right of preservation of the integrity of your User-Generated Content) that you may have in any User-Generated Content, even if it is altered or changed by JOINERY in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section because, you understand and acknowledge, you are granting this license to your User-Generated Content as a pre-condition to your use of the Website.
Further, you understand and acknowledge that the license you are granting to JOINERY is perpetual and will continue in full force and effect even if you remove your User-Generated Content from the Website.
D. JOINERY’s Exclusive Right to Manage All User-Generated Content.
JOINERY may, but has no obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and JOINERY may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of your User-Generated Content without notice to you and without any liability to you or any third party. JOINERY reserves the right to treat User-Generated Content on the Website as content stored at the direction of Users for which Joinery will not exercise any control except to block or remove content that comes to JOINERY’s attention and is offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, infringing, illegal or otherwise objectionable either under a community standard or in JOINERY’s sole discretion and judgment; or, to enforce the rights of third parties or the content restrictions set forth in other provisions of this Agreement, when notice of a violation comes to JOINERY’s attention. You understand and acknowledge that JOINERY has no obligation to post, display, maintain, store, access, cache, or archive your User-Generated Content for any period of time. Also, you understand and acknowledge that Joinery has the right to use Artificial Intelligence to analyze your User-Generated Content to match Subscribers more effectively and also to identify inappropriate content posted as part of User-Generated Content.
E. JOINERY’s Enforcement Rights in User-Generated Content.
You grant JOINERY the right to protect and enforce its licensed rights to your User-Generated Content, including the right to bring and control enforcement actions in your name and on your behalf at JOINERY’s cost and expense, and to initiate such enforcement action without consulting you ahead of time. You hereby consent and irrevocably appoint JOINERY as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest, for the enforcement of JOINERY’s licensed rights to your User-Generated Content.
F. Your Representations and Warranties for Your User-Generated Content.
Each time you submit any User-Generated Content, you represent and warrant the following:
(1) that you are over the age of eighteen; and
(2) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant JOINERY the rights to it that you are granting by this Agreement; and
(3) the User-Generated Content is accurate; and
(4) the User-Generated Content is not offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, illegal, injurious, harmful to any other person, or otherwise objectionable; and
(5) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and
(6) the User-Generated Content will not violate this Agreement.
G. JOINERY’s Right to Use Non-Personally Identifiable Data.
You understand, agree, and acknowledge that JOINERY may aggregate de-identified data and other non-personally identifiable information and demographic data regarding Users, including you, and their behavior on the Website and their activities in regard to the Website and the Content (“Non-PII Data”). JOINERY may use and retain this Non-PII Data for any purpose, including but not limited to improving or modifying the Website, without any compensation or royalty owed to you or to any other Use.
4. USER CONDUCT ON THE WEBSITE.
You hereby understand, acknowledge, and agree that you will not do any of the following: alter, modify, edit, amend, abridge, add to, delete from, adapt, repackage, or change any of the Content or the Website in whole or in part; and/or remove any notices of copyright, any watermarking, or any other proprietary notices or language referring to JOINERY’s ownership of the Content and the Website; and/or copy, reproduce, publish, distribute, or redistribute any of the Content, in whole or in part, to any person who is not an authorized User of the Website; and/or attempt to sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer or attempt to transfer the Content, the Website, the Services, any rights granted under this Agreement, or any intellectual property rights owned by JOINERY to any other person or entity; and/or provide any other person or entity access to the Website, the Content, or the Services by means of your username and/or your password; and/or attempt to lend, lease, license, sublicense, transfer, assign, sell, or resell your username(s) and password(s) to any other person or entity; and/or decompile, disassemble, translate or reverse engineer any portion of the Website or the Content, or otherwise discover or duplicate any technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Website or the Content; and/or monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; and/or frame or use framing techniques to enclose any Content (including any images, text, or page layout) and display any Content within the frame on another website; and/or insert any code or product to manipulate Content in any way that affects, adversely or otherwise any other User’s experience with the Website; and/or make or attempt to make any commercial use or exploitation of the Website, the Services, or any of the Content; and/or circumvent, disable or otherwise interfere with the security features of the Website or the Content, or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content; and/or collect or harvest any PII, including usernames and passwords, from the Website; and/or create multiple accounts by manual or automated means or under false or fraudulent pretenses; and/or create or transmit unwanted electronic communications or “spam” to other Users of the Website or the Services; and/or transmit any viruses, worms, defects, Trojan horses or other code sequence or routines of a destructive nature on the Website; and/or use the Website or the Content or the Services to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material; and/or use any metatags or any other “hidden text” utilizing any Joinery trademarks and/or use any device, software or routine that interferes with the proper working of the Website or the Content; and/or claim the Website or the Services or any of the Content as your property, your creation, or your work of authorship, in whole or in part; and/or contest or dispute JOINERY’s ownership of all intellectual property rights in the Website and the Content; and/or use the Content after the termination date of your account; and/or fail at any time to provide true, accurate, complete, and current account registration data and information; and/or harass, stalk, bully, intimidate, taunt, disparage, or otherwise engage in behavior that harms any other person or entity; and/or engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, hateful, obscene, lewd, lascivious, salacious, injurious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to JOINERY in its sole discretion and judgment; and/or use the Website and/or the Content, in whole or in part, in any manner not authorized by this Agreement.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN JOINERY’S SOLE DISCRETION AND JUDGMENT, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR SUBSCRIPTION, AND MAY SUBJECT YOU TO CRIMINAL LIABILITY AND/OR LIABILITY FOR DAMAGES, COSTS, EXPENSES, OR FEES (INCLUDING ATTORNEY’S FEES) INCURRED BY JOINERY IN ENFORCING ITS RIGHTS AGAINST YOU UNDER THIS AGREEMENT. IN ADDITION, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT JOINERY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY SUSPENSION OR TERMINATION OF YOUR SUBSCRIPTION EXCEPT TO RETURN TO YOU ANY FEES PAID IN ADVANCE WHICH ARE UNUSED AT THE DATE OF YOUR SUSPENSION OR TERMINATION.
5. SUBSCRIBER ACCOUNTS.
A. Registration.
To access or use some features of the Website as a Subscriber, you must become a registered User of the Website, which we refer to herein as a “Subscription” or “Account.” If you are under the age of eighteen, you are considered to be a minor and you may not become a registered User of the Website. The Website’s practices governing any resulting collection and use of your registration are disclosed in its Privacy Policy. You acknowledge and agree that your decision to register is purely voluntary and optional. As part of the registration process, you will be required to provide both a valid mobile phone number and a valid email address which will be linked to your Subscriber profile.
B. Usernames and Passwords.
When you become a Subscriber, you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree to the following:
(1) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person, that belongs to another person, that violates the intellectual property rights or other right of any person or entity, or that is offensive (JOINERY may reject the use of any password, username, or email address for any reason in our sole discretion); and
(2) You will provide accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates; and
(3) You are solely responsible for all activities that occur on the Website under your account, password, and username, including all activities conducted by any person who is under your employment or acting under your supervision and to whom you have delegated limited responsibility for undertaking certain tasks for you in regard to the Website (a “Delegate”) whether or not you specifically authorize the activity of such Delegate or any such other person (except to the extent that any activity occurs due to unauthorized use of your password and username by another person or entity); and
(4) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer, phone, pad, tablet, or other Internet Access Device, so that others may not access any password protected portion of the Website using your name, username, or password; and
(5) You will immediately notify JOINERY of any unauthorized use of your account, password, or username, or any other breach of security; and
(6) You will not sell, transfer, or assign your account or any account rights.
JOINERY shall have no liability for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
C. Paying for Your Subscription
All purchases at JOINERY, including Subscriptions, are processed using the payment method that you provide upon registering as a Subscriber through the Website or on the App (“Payment Method”). Your Subscription will automatically renew until you cancel. If you make a purchase at JOINERY, you agree to pay the prices displayed to you for the Services you select as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize JOINERY to charge your designated Payment Method. JOINERY may correct any billing errors or mistakes even if JOINERY has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, JOINERY may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Service at [email protected].
If your purchase includes an automatically renewing Subscription, your Payment Method will continue to be periodically charged for the Subscription until you cancel.
D. Changing Your Payment Method
You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or another reason, you remain responsible for any uncollected amounts due, and you authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund.
E. Cancelling Your Subscription
If you cancel your Subscription, you may continue to use the Services until the end of your then-current Subscription term. To cancel a subscription, you can (1) log in to the Website and go to the Settings page, and then click on “Subscriptions” and follow the instructions to downgrade; or (2) open the Android App and go to the Settings page, then click on “Purchases” and follow the instructions to downgrade.
F. Cancelling your Subscription through an External Payment Account
When making a purchase on the Services, you may have the option to pay through an external payment service, such as your Apple ID or Google Pay account (“External Payment Account”), and your External Payment Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Payment Account. Some external payment services may charge you sales tax, depending on where you live, which may change from time to time. If your purchase through your External Payment Account includes a feature that allows for automatic renewal of yourSubscription, your External Payment Account will continue to be periodically charged for your Subscription until you cancel. If you pay for your Subscription through your External Payment Account but you want to cancel your Subscription or prevent it from renewing automatically, you must log in to your External Payment Account and follow instructions to manage or cancel your Subscription, even if you have otherwise deleted your account with Joinery or if you have deleted the App from your device. If you cancel your Subscription, you may continue to use the Services until the end of your then-current Subscription term. If you initiate a chargeback or otherwise reverse a payment made with your External Payment Account, JOINERY may terminate your Subscription immediately in its sole discretion. JOINERY will retain all funds charged to your External Payment Account until you cancel your Subscription through your External Payment Account. Certain Users may be entitled to request a refund.
G. Termination of Your Account.
If any information that you provide as part of your Account registration is false, inaccurate, outdated, incomplete, or violates this Agreement, or any legal requirement or state or federal law, then JOINERY may suspend or terminate your account in its sole discretion. JOINERY also reserves the general right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice to you or any liability.
H. Website Access Charges.
JOINERY reserves the right, upon reasonable notice, to charge for access to some or all of the Website, charge for access to premium functionality or Content on some or all of the Website. JOINERY further retains the right to change the terms and conditions for accessing the Website or portions of the Website; and the right to restrict access to the Website or portions of the Website, in whole or in part, based on any lawful eligibility requirements JOINERY may elect to impose (e.g., geographic or demographic limitations). Joinery may modify, revalue, increase, or decrease fees due from Subscribers for various Content features on the Website at its sole discretion without advance notice or liability. Unless otherwise stated in this Agreement, in the event that JOINERY terminates or changes the Website, a portion of the Website, Content, or functionality associated with a Subscription in a way that materially diminishes the value of your Subscription, then JOINERY will provide you with either of the following at JOINERY’s sole discretion: a pro rata refund of your unused Subscription corresponding to the value of the diminished features or portion of the terminated or changed Website, or an online credit for future redemption of comparable value corresponding to the value of the diminished features or portion of the terminated or changed Website. The valuation of the pro rata refund or credit will be determined in JOINERY’s good faith business judgment, which determination will be final. The provision of a pro rata refund or credit will be your sole and exclusive remedy with respect to JOINERY’s termination or change of the Website in a way that materially diminishes the value of any Subscription.
I. Refunds
(1) Jurisdictions in which Refunds May be Available.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: You may cancel your Subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date on which you subscribed. In the event that you die before the end of your Subscription period, your estate shall, upon proof of your death, be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your death. In the event that you become disabled such that you are unable to use our Services before the end of your Subscription period, you shall be entitled, upon proof of your disability, to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
(2) Purchases on JOINERY
Purchases of Virtual Items are final and non-refundable. For potential refunds of any other purchase, please contact JOINERY Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Joinery, Attn: Cancellations, (California and Ohio) users may also email us by clicking here.
J. Account Termination
(1) Termination by You.
You can delete your account at any time by logging into the Website or the App, going to the “Settings” tab, and selecting “Account” (the gear icon), and following the instructions to terminate your membership. If, however, you paid for your Subscription through an External Payment Account, you will need to cancel or manage your termination through your External Payment Account to avoid additional billing by such External Payment Account.
(2) Termination by JOINERY.
JOINERY reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if JOINERY believes that you have violated this Agreement, misused our Services, or behaved in a way that JOINERY regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce this Agreement, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
(3) Effect of Termination of Account.
If your account is terminated by you or by JOINERY for any reason, these Terms continue and remain enforceable between you and JOINERY, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
(4) Placing Your Account on Hold.
Upon notice in writing and delivered to JOINERY CONNECTIONS, INC 3839 McKinney Avenue Suite 155-5089 Dallas, TX 75204-1488, a Subscriber may place a Subscription on hold for up to one year.
K. Your Use of an Internet Access Device and Third-Party Components.
You understand and agree that your use of any Internet Access Device and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by you to access the Website (“Third-Party Components”) are the sole and exclusive responsibility of you alone, including all costs of your use of such Third-Party Components, and that Joinery has no responsibility for such third-party components, services, or your relationships with such third parties. You agree that you shall at all times comply with the lawful terms and conditions of your agreements with such third parties. JOINERY does not represent or warrant that the Website and the Content are compatible with any specific third-party hardware or software or any other Third-Party Components. You are responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the Website.
L.Third-Party Content
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. JOINERY may also provide non-commercial links or references to third parties within its content. JOINERY is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, JOINERY is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. You acknowledge and agree that JOINERY is not responsible or liable for any such third parties’ terms or their actions.
M. Wireless Features.
The Website may offer certain features and services that are available to you via your wireless Internet Access Device. These features and services may include the ability to access the Website’s features and upload content to the Website, receive messages from the Website, and download applications to your wireless Internet Access Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Access Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier directly with questions regarding these issues. You understand and acknowledge that JOINERY has no responsibility or liability for your ability or inability to access or take advantage of any Wireless Features due to your carrier, your phone service plan, your Internet Access Device, or any other Third Party Component.
N. Customer Service.
JOINERY will respond to consumer service requests and other similar inquiries if properly communicated to JOINERY. Consumer service is reachable at [email protected].
- REPORTING INTELLECTUAL PROPERTY INFRINGEMENT.
A.DMCA Notice for Copyright Infringement.
JOINERY will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of User-Generated Content on the Website, then you may send us a written notice, which notice must include all of the following:
(1) a subject line that says: “DMCA Copyright Infringement Notice”; and
(2) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; and
(3) a description of the location of the infringing material on the Website; and
(4) your full name, address, telephone number, and e-mail address; and
(5) a statement by you that you have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner; and
(6) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner); and,
(7) your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by your full typed name, which will serve as your electronic signature.
JOINERY may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Joinery may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
JOINERY will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:
By Mail:
JOINERY CONNECTIONS, INC.
3839 McKinney Avenue
Suite 155-5089
Dallas, TX 75204-1488
By E-Mail:
We may send the information that you provide in your DMCA Notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting JOINERY’s other rights, JOINERY may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by JOINERY.
B. DMCA Counter-Notification regarding Copyright Infringement.
If access on the Website to a work that you submitted to JOINERY is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(1) a subject line that says: “DMCA Counter-Notification”; and
(2) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Website before it was removed or disabled; and
(3) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(4) your full name, address, telephone number, e-mail address, and the username of your account; and
(5) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the Federal District Courts located in the Northern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(6) your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), the characters “//s//” followed by your full typed name, which will serve as your electronic signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
7. YOUR GENERAL REPRESENTATIONS AND WARRANTIES.
You represent and warrant the following in respect of this Agreement:
A.You are over the age of eighteen (born in 2005 or earlier); and
B. You have not committed, been convicted of, or pled no contest to a felony or indictable offense, a sex crime, or any crime involving violence or a threat of violence; and
C. You are not required to register as a sex offender with any state, federal or local sex offender registry; and
D. If you are a Subscriber, you will cooperate with all of the instructions, rules, and procedures that apply to your JOINERY Subscription;
E. You have provided and will continue to provide true, accurate, current, and complete registration information; and
F. You will respect and abide by all of your obligations under this Agreement, and you will perform your obligations under this Agreement diligently; and
G. You will comply with all laws and regulations applicable to this Agreement.
- YOUR INDEMNIFICATION RESPONSIBILITIES.
You shall indemnify and hold harmless JOINERY, its parent company, its officers, directors, employees, agents, and representatives from, and, at your expense, shall defend JOINERY against, any loss, damage or expense (including reasonable legal costs) that Joinery incurs or becomes liable for as a result of any breach by you of any of the terms of this Agreement; any negligent, reckless or willful act or omission by you or your agents or others for whom you are responsible; any failure by you to comply with applicable laws in performing under this Agreement; any misuse by you of the Website and/or the Content; or, any claim made against JOINERY by any third party for which JOINERY is not liable under this Agreement, and which arises as a consequence of your use of the Website. You shall reimburse Joinery for its expenses under this Section as they are incurred. JOINERY shall have the right, at its own expense, to participate in the defense of any claim, action or proceeding against which it is indemnified hereunder. You, in the defense of any such claim, action, or proceeding arising under this Section shall not, except with the written consent of JOINERY, enter into any settlement which adversely affects JOINERY’s rights or which does not include, as an unconditional term, a release granted to JOINERY of all liabilities in respect of such claim, action or proceeding.
- YOUR ASSUMPTION OF THE RISK IN USING THE WEBSITE.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE WEBSITE, THE CONTENT, AND THE SERVICES ARE PROVIDED SOLELY FOR ENTERTAINMENT PURPOSES; THAT YOU ARE RESPONSIBLE FOR ALL OF YOUR INTERACTIONS WITH OTHER SUBSCRIBERS AND VISITORS ON THE WEBSITE; THAT YOU ARE RESPONSIBLE FOR INFORMING YOURSELF (VIA YOUR COMMUNICATIONS, RESEARCH, TESTIMONIALS, REFERRALS, BACKGROUND INVESTIGATION, ETC.) ABOUT ANY PERSON WITH WHOM YOU COMMUNICATE; AND THAT YOU ASSUME ALL RISK IN REGARD TO YOUR ACTIVITIES RELATED TO THE WEBSITE, THE CONTENT, AND THE SERVICES.
- NO OTHER WARRANTIES FROM JOINERY.
JOINERY’S REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY JOINERY WITH RESPECT TO THE WEBSITE, THE SERVICES, AND THE CONTENT, AND ANY OTHER ITEM OR SERVICE PROVIDED BY JOINERY. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THE AGREEMENT, THE WEBSITE, THE CONTENT, AND ANY OTHER ITEMS OR SERVICES ARE PROVIDED ON AN “AS-IS,” AND “AS-AVAILABLE” BASIS. JOINERY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY YOU OR ANY USER AS A RESULT OF PROVISION OR USE OF THE WEBSITE AND/OR THE CONTENT; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION OF OR ACCESS TO THE WEBSITE OR CONTENT OR THE PROVISION OF SERVICES. JOINERY RESERVES THE RIGHT TO MODIFY AND OR REMOVE ANY PORTION OF THE SERVICES INCLUDING ANY CONTENT, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU OR TO OTHER USERS. NO ORAL OR WRITTEN INFORMATION BY JOINERY OR ANY OTHER ENTITY OR PERSON SHALL CREATE ANY ADDITIONAL REPRESENTATION OR WARRANTY BY JOINERY. JOINERY DOES NOT REPRESENT, WARRANT, OR GUARANTY TO YOU OR ANY USER ANY PARTICULAR RESULTS TO BE ACHIEVED AS A RESULT OF YOUR USE OF THE WEBSITE, THE CONTENT, OR ANY SERVICES. JOINERY DOES NOT REPRESENT, WARRANT, OR GUARANTY THAT THE WEBSITE, THE CONTENT, OR THE SERVICES WILL MEET ALL OF YOUR NEEDS OR EXPECTATIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT JOINERY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON YOUR USE OF THE WEBSITE, THE SERVICES, AND/OR THE CONTENT, BECAUSE THE WEBSITE, THE SERVICES, AND THE CONTENT ARE PROVIDED SOLELY FOR ENTERTAINMENT. JOINERY IS NOT LIABLE FOR ANY DAMAGES THAT YOU OR ANOTHER USER MAY SUFFER ARISING OUT OF USE, DELAY IN PROVIDING, OR INABILITY TO USE, THE WEBSITE AND/OR THE CONTENT. JOINERY IS NOT LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF ANY OF YOUR USER-GENERATED CONTENT OR YOUR REGISTRATION INFORMATION OR DATA.
- WEBSITE DISCLAIMER.
JOINERY UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY INABILITY OF YOU OR OTHER USERS TO ACCESS THE WEBSITE. JOINERY PROVIDES ACCESS TO THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTY THAT THE WEBSITE WILL BE AVAILABLE OR FULLY OPERATIVE AT ANY TIME OR ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THE WEBSITE MAY CONTAIN ERRORS, GLITCHES, BUGS, OR OTHER DEFECTS, AND YOU UNDERSTAND AND ACKOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE WEBSITE ARE FOR YOU TO NOTIFY JOINERY ABOUT YOUR DISSATISFACTION, IN WHICH CASE JOINERY WILL REVIEW THE COMPLAINT WITH JOINERY’S TECHNICAL EXPERTS, AND/OR TO STOP USING THE WEBSITE.
- APP DISCLAIMER
JOINERY UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY INABILITY OF YOU OR OTHER USERS TO ACCESS THE APP. JOINERY PROVIDES ACCESS TO THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTY THAT THE APP WILL BE AVAILABLE OR FULLY OPERATIVE AT ANY TIME OR ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THE APP MAY CONTAIN ERRORS, GLITCHES, BUGS, OR OTHER DEFECTS, AND YOU UNDERSTAND AND ACKOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE APP ARE FOR YOU TO NOTIFY JOINERY ABOUT YOUR DISSATISFACTION, IN WHICH CASE JOINERY WILL REVIEW THE COMPLAINT WITH JOINERY’S TECHNICAL EXPERTS, AND/OR TO STOP USING THE APP.
- CONTENT DISCLAIMER.
ALTHOUGH JOINERY ATTEMPTS TO PROVIDE HIGH QUALITY CONTENT, JOINERY IS NOT RESPONSIBLE FOR ANY PERCEIVED FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE CONTENT. CONTENT IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY, NOT AS INFORMATION OR ADVICE ON ANY TOPIC WHATSOEVER, AND JOINERY IS NOT RESPONSIBLE FOR ANY RELIANCE UPON CONTENT BY YOU OR OTHER USERS, OR BY ANY THIRD PARTY. FURTHER, JOINERY IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON THE CONTENT OF THE WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF DISSATISFACTION WITH THE CONTENT IS FOR YOU TO NOTIFY JOINERY ABOUT YOUR PERCEPTIONS OF THE CONTENT (IN WHICH CASE JOINERY WILL REVIEW THE COMPLAINT(S) WITH ITS SUBJECT MATTER EXPERTS) AND/OR TO STOP USING THE CONTENT.
- DISCLAIMER OF USER-GENERATED CONTENT.
ALTHOUGH JOINERY ENCOURAGES THE SUBMISSION OF HIGH QUALITY CONTENT, JOINERY IS NOT RESPONSIBLE FOR ANY PERCEIVED FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE USER-GENERATED CONTENT. JOINERY HAS NO RESPONSIBILITY TO MONITOR OR REVIEW USER-GENERATED CONTENT PRIOR TO OR AFTER ITS SUBMISSION. THE VIEWS EXPRESSED IN USER-GENERATED CONTENT ARE NOT PRE-REVIEWED OR PRE-APPROVED BY JOINERY AND THEREFORE DO NOT REPRESENT ANY EXPRESS OR EXPLICIT VIEW OF JOINERY ON ANY TOPIC WHATSOEVER. USER-GENERATED CONTENT IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY, NOT AS INFORMATION OR ADVICE ON ANY TOPIC WHATSOEVER. JOINERY IS NOT RESPONSIBLE FOR ANY RELIANCE UPON USER-GENERATED CONTENT BY YOU OR OTHER USERS, OR BY ANY THIRD PARTY. FURTHER, JOINERY IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON THE USER-GENERATED CONTENT OF THE WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF DISSATISFACTION WITH THE CONTENT IS FOR YOU TO NOTIFY JOINERY ABOUT YOUR PERCEPTIONS OF THE CONTENT (IN WHICH CASE JOINERY WILL REVIEW THE COMPLAINT(S) WITH ITS SUBJECT MATTER EXPERTS) AND/OR TO STOP USING THE CONTENT.
- LIMITATION OF LIABILITY FOR JOINERY.
IN NO EVENT WILL JOINERY’S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CONTENT, THE WEBSITE, THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CLAIM OR FORM OF ACTION, INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR CLAIMS FOR LOSS OF BUSINESS OR PROFITS, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF JOINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. YOU UNDERSTAND AND ACKNOWLEDGE THAT JOINERY’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER OR RELATING TO THIS AGREEMENT UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED AN AMOUNT, IN AGGREGATE, EQUAL TO THE FEES PAID BY YOU IN THE TWELVE MONTHS PRIOR TO WHEN THE DAMAGES FIRST AROSE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR RELATIONS WITH OTHER USERS, AND THAT JOINERY SHALL NOT BE LIABLE TO YOU OR ANY OTHER USERS, UNDER ANY CIRCUMSTANCES, FOR ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER OF THE WEBSITE AND/OR THE CONTENT.
16. GENERAL PROVISIONS.
A. Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of California. Disputes arising under this Agreement shall proceed through three levels of resolution, if necessary: negotiations between you and Joinery, mandatory mediation, and court proceedings. Any dispute which arises under this Agreement and cannot be resolved by good-faith negotiations between the parties within ninety (90) days must be submitted for a mandatory mediation procedure in San Jose, California before a neutral mediator chosen and appointed by Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The mediation shall take place on within ninety (90) days after the mediator has been appointed, and at the direction of the mediator. The mediation shall take place on one business day and shall last no longer than ten (10) hours unless the parties mutually agree to an extension of the mediation procedure. The mediator shall apply U.S. and California law to substantive issues and the JAMS procedural rules for commercial mediation to procedural issues. The parties shall bear their own costs for the mediation, and they shall split equally the costs and fees of the mediator. If either party is unsatisfied with the resolution provided by the mediator, either party may file a claim in the appropriate state or federal court sitting in the Northern District of California. You hereby consent and absolutely agree to the jurisdiction of state and federal courts sitting in the Northern District of California for resolving any disputes arising under this Agreement which cannot be resolved either by negotiations or by mediation between you and Joinery.
(1) JOINERY’s Right to Injunctive Relief
The foregoing provision regarding dispute resolution will not apply to any legal action taken by Joinery to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any threatened or potential loss, cost, or damage) relating to the Website, any Content, your User-Generated Content and/or Joinery’s Intellectual Property Rights, Joinery’s operations, and/or Joinery’s Services.
(2) Your Waiver of Injunctive or Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY JOINERY (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR BY A LICENSOR OF JOINERY.
B. Updates to this Agreement.
JOINERY reserves the right to modify this Agreement at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms and to the most recent version of this Agreement. The Updated Terms will be effective as of the time that JOINERY posts them on the home page of the Website, in the header of this Agreement, or such later date as may be specified in them. You understand and acknowledge that JOINERY shall only be posting the most recent version of this Agreement on the Website, that you are bound by the most recent version of this Agreement at any time you use or access the Website, and, therefore, you agree that it is your responsibility to review this Agreement on a regular and frequent basis.
C. International Issues.
JOINERY controls and operates the Website from its offices in the U.S.A. Our Services are widely available in the United States. If you believe that you live in a location within the United States where we provide the Services, but you are unable to access our Services, please contact us in writing delivered to JOINERY CONNECTIONS, INC 3839 McKinney Avenue Suite 155-5089 Dallas, TX 75204-1488, and we will work with you to try to provide you with access to our Services. JOINERY makes no representation that the Website is appropriate or available for use beyond the U.S.A. If you use the Website from other locations, you are doing so of your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this Agreement, JOINERY reserve the right to limit the availability of, restrict access to, or discontinue the Website and/or any Content, program, product, service, or other feature described or available on the Website to any person, entity, geographic area, or jurisdiction, at any time and in Joinery’s sole discretion, and to limit the quantities of any content, program, product, service, or other feature that JOINERY provides. Some content, programs, services, or features may be available on this Website only on a subscription or fee basis.
D. Severability and Interpretation.
If any provision of this Agreement is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in this Agreement, the word will be deemed to mean “including, without limitation.”
E. Communications.
Whenever you communicate with JOINERY electronically, such as via e-mail and text message, you consent to receive communications from JOINERY electronically. Please note that, except as set forth in the provisions of this Agreement regarding the DMCA, we are not obligated to respond to inquiries that we receive. 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.
F. Law Enforcement and Termination of Accounts or of the Website.
JOINERY reserves the right, without any limitation, to investigate any suspected breaches of its Website security or its information technology or other systems or networks, investigate any suspected breaches of this Agreement, investigate any information obtained by JOINERY in connection with reviewing law enforcement databases or complying with criminal laws, involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, prosecute violators of this Agreement, and discontinue the Website, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to JOINERY under this Agreement. Upon suspension or termination of your access to the Website, or upon notice from JOINERY, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of this Agreement, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Joinery in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
G. Assignment.
JOINERY may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any advance notice to you or other Users. This Agreement may not be assigned by you in whole or in part, without the prior written consent of JOINERY.
H. No Waiver.
Except as expressly set forth in this Agreement, no failure or delay by you or JOINERY in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.
I. No Partnership or Joint Venture.
Neither this Agreement, nor any terms and conditions contained herein shall be construed as creating a partnership, joint venture, franchise or agency relationship between you and Joinery.
J. Complete Agreement.
This Agreement contains your entire understanding with JOINERY with respect to the subject matters covered by this Agreement, and it supersedes any and all prior oral or written proposals or understandings.