The Joyclean Site and Services
1. You understand that Joyclean provides and facilitates a neutral technology service for users to offer, obtain and provide certain professional residential cleaning services (the “Provider Services”) in compliance with Joyclean's policies. Those who request Provider Services are referred to as a “Requester” and those who provide services are referred to as a “Provider” in this Agreement.
2. You understand and agree that, as a result, Joyclean is not involved and does not participate in the various transactions between Requesters and Providers.
3. You understand and agree that, consequently, Joyclean does not enter into any contracts between any users for any Provider Services, nor does it become involved in the actual provision of Provider Services by a Provider for a Requester.
4. You understand and agree that Joyclean does not review, screen, or vet the content or information provided by Requesters or Providers through the Site and/or Services. You further understand and agree that Joyclean does not review, screen, or vet the identity or background of any Requester.
5. Joyclean does engage third party background check services to perform background checks on all Providers. Notwithstanding the foregoing, each Requester should exercise common sense and due caution when meeting and/or giving any Provider access to your home and personal property, just as you would when interacting with someone you do not know.
JOYCLEAN IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY PROVIDER OR REQUESTER, WHETHER ONLINE OR OFFLINE, AND WILL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH ANY PROVIDER SERVICES. BY USING THE SITE AND/OR SERVICES, YOU AGREE THAT JOYCLEAN SHALL NOT BE HELD LIABLE FOR ANY DAMAGE TO PERSONS, PROPERTY, OR PREMISES THAT MAY ARISE OUT OF THE PROVISION OR REQUESTING OF PROVIDER SERVICES VIA THE SITE AND/OR SERVICES.
6. You understand and agree that Joyclean does not and cannot exert any control over the accuracy, efficiency, effectiveness, or other aspects of the Provider Services advertised or performed by a Provider though the Site and/or the Services, nor the authority of either the Providers or the Requesters to enter into any transactions and that accordingly, Joyclean cannot provide any assurance or guarantee that any Requester or Provider will actually conclude any transaction.
7. You understand that Joyclean strongly encourages that you use and employ the communication tools made available through the Site and Services to communicate directly with a Requester or Provider in order to glean as much information as possible regarding any transaction you intend to enter into.
8. You understand and agree that, since Joyclean is a neutral technology service, it cannot bear responsibility or liability for any materials or information (including without limitation, text, identities, images, content, listings, copy, descriptions, and prices) posted by any user, including you, on the Site and/or the Services.
9. You understand and agree that your use of the Site and/or the Services is at your own risk.
The Agreement between Joyclean and You
2. This Agreement constitutes the entire and only agreement between us and you.
3. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
You are responsible for reviewing changes to this Agreement
1. This Agreement applies to all users of the Site and the Services.
2. Joyclean may make changes to this Agreement from time to time without specifically notifying you.
3. Joyclean will post the latest Agreement on the Site and may post it on Joyclean's mobile device applications, but it is up to you to review it before using the Site or Services.
4. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
5. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Joyclean from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Your Use of the Site and Services
Your registration and account security
When you use the Site or the Services you may provide Joyclean certain registration and account information, which Joyclean will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
1. You will register your account for your own use and not for the use of another person, alter ego, or other identity.
2. You will create only one account for yourself.
3. You will not assign or transfer your account to anyone without first getting Joyclean's written consent.
4. You will not provide false or misleading information when you register an account.
5. To create an account, you may be required to verify your mobile phone number by entering an authentication code that we will text to your mobile phone number. You authorize us to text you this authentication code for purposes of verifying your phone number and understand that your carrier’s message and data rates may apply to texts that we send you. You further agree that we may use your name, email address, mobile phone number, or other data you provide to communicate with you.
6. If Joyclean terminates or disables your account, you may not create another account without first getting Joyclean's written consent.
7. You will keep your contact and other information requested by Joyclean (such as phone number, email address, home address, etc.) accurate and up-to-date.
8. You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
9. If you select a username for your account, Joyclean reserves the right to remove or reclaim it for any reason, including that it is inappropriate in Joyclean’s sole determination.
You must be 18 or older to use the Joyclean Site or Services
1. You understand that you may not use the Site or the Services where such use is prohibited.
2. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
3. Any use of or access to the Site or the Services by anyone under 18 is unauthorized.
4. You represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement.
5. Joyclean does not knowingly collect information from individuals who are less than thirteen (13) years of age.
Provider Service Fees and Payments
1. Joyclean does not charge any fees for you to set up an account.
2. You understand that any and all payment terms are stated in United States dollars.
3. You understand that all payments for Provider Services will be made through Stripe, or any other third party payment facilitator engaged by Joyclean. By using the Stripe payment processing services you agree to the Stripe Terms of Service available at https://stripe.com/us/terms.
4. You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept updated with Stripe or any third party payment or service facility used by Joyclean and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by Joyclean) for purposes of paying for any purchases.
5. By requesting Provider Services, you hereby authorize us to charge your credit card for the total amount you agreed to for the Provider Services plus any tip you wish to give to the Provider and any applicable sales tax or use tax. If you have requested Provider Services on a weekly or monthly basis, or other set schedule, by doing so you authorize to charge your credit card on a recurring basis. If you have ordered recurring Provider Services, Joyclean will notify you prior to a change in the pricing of such services.
6. If, after ordering the Provider Services, you and a Provider agree to reduce or increase the number of hours you have agreed to or change the time the Provider Services are to be rendered, you shall change the number of hours or time in your request on the Site and/or Services.
7. All payments for Provider Services must be made via the Site and/or Services.
8. Joyclean retains the right, in its sole discretion, to place a hold on a Requester's credit card for Provider Services that have been ordered by a Requester or completed by a Provider. If you do not notify us of a complaint within twenty-four (24) hours after the Provider Services were completed, Joyclean will release payment to the applicable Provider.
9. You agree that you are solely responsible for your interactions (including but not limited to any Provider Services transactions) with any other user in connection with the Services, and Joyclean will have no liability or responsibility with respect thereto. While Joyclean reserves the right, it has no obligation to become involved in any way with disputes between you and any other user of the Services.
10. If Joyclean does choose to mediate a dispute, Joyclean’s decision shall be final. If Joyclean determines that a refund of all or a portion of the applicable fee is to be made, such refund shall be given in accordance with Joyclean’s Refund Policy, as may be amended from time to time, and which is hereby incorporated into this Agreement by reference.
11. You agree that payment for all applicable purchases and any taxes or additional charges that may be imposed by third parties are your sole responsibility.
12. You understand that your purchase may be final and non-refundable.
Your Requests and Joyclean’s Change and Cancellation Policy
1. You understand and agree that any and all Provider Services requests you make via the Site and/or Services must comply with any and all current Joyclean policies.
2. You hereby warrant that you have the full rights and legal authority necessary to allow a Provider to access and perform Provider Services in any premises where you request Provider Services to be performed via the Site and/or Services.
3. You acknowledge and agree that any request for Provider Services is an offer, which is only accepted when you receive confirmation of your order.
4. Ordered Provider Services may be cancelled at any time by Requesters without penalty at any time more than twenty-four (24) hours prior to the start of the scheduled Provider Services. Provider Services appointments cancelled less than twenty-four (24) hours prior to the start of the scheduled Provider Services shall be subject to the Joyclean Change and Cancellation Policy, as may be amended from time to time, and which is hereby incorporated into this Agreement by reference. The Joyclean Change and Cancellation policy applies whether you have requested a single Provider Services appointment or have a recurring plan.
5. You acknowledge and agree that a Provider may not be available at all times due to prior commitments, illness, leaving the Services, or other circumstances. You further acknowledge and agree that if the Provider who accepted your request subsequently becomes unavailable, another Provider may perform the requested Provider Services on the same terms, and that you shall not be entitled to any discount or refund as a result thereof, except in accordance with Joyclean’s Change and Cancellation Policy. You shall not be entitled to any remuneration if a Provider cancels the Provider Services that you have ordered other than a refund of the applicable fee.
Joyclean is a provider of technology services for Requesters to connect with independent providers of services. Joyclean is not the employer of any Provider on the Site and/or Services. You acknowledge that Joyclean not supervise, direct, or control a Provider’s work or Provider Services performed in any manner. All Providers on the Site and/or Services provide services to you as an independent contractor, and are not an employee, joint venture, partner, agent, or franchisee of Joyclean for any purpose whatsoever.
Your personal information
3. You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to Joyclean to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the Site and Services.
Joyclean may edit or modify anything on the Site or Services without notice
Joyclean is committed to delivering a positive user experience and you understand that Joyclean reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Site and the Services in its sole discretion, without notice.
System Requirements for the iOS and Android Apps
1. In order to use any mobile apps or applications that are part of the Services, you are required to have a compatible device, Internet access, and the necessary minimum specifications (the “System Requirements”). You hereby acknowledge that the System Requirements may change from time to time, without notice, and that Joyclean makes no representations as to the accuracy of the System Requirements.
2. You may be required to obtain software and/or hardware updates or upgrades from time to time, as may be necessary for the continued use of the Services. You hereby acknowledge and agree that such System Requirements as specified, remains your responsibility.
3. We will use reasonable efforts to make the mobile apps or applications that are part of the Services available at all times. However, you acknowledge that the mobile apps or applications that are part of the Services are provided over the Internet and mobile networks, and so the quality and availability of the mobile apps or applications that are part of the Services may be affected by factors outside our reasonable control. You further understand that we cannot guarantee that mobile apps or applications are part of the Services.
4. We will use reasonable efforts to make the mobile apps or applications that are part of the Services available at all times. However, you acknowledge that we cannot guarantee that the mobile apps or applications that are part of the Services shall always be available, error-free, or fully functional, and therefore cannot be held liable for any loss of data, content, etc. that results from any such unavailability or non-functionality.
Apple iOS Application Terms
1. If you download the Joyclean mobile application from the Apple App Store (the “iOS App”), you will use the iOS App only (i) on an Apple-branded product that runs Apple's proprietary operating system software; and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
2. You acknowledge and agree that (i) this Agreement is valid only between you and Joyclean, and that Apple is not a party to this Agreement other than as third-party beneficiary as set forth below; (ii) Joyclean, not Apple, is solely responsible for the iOS App; (iii) Apple has no obligation whatsoever to provide you with any maintenance or support services for the iOS App; and (iv) Apple will have no warranty obligation to you whatsoever with respect to the iOS App to the maximum extent permitted by applicable law.
3. You acknowledge and agree that, as between Joyclean and Apple, Joyclean and not Apple is responsible for addressing any claims you may have related to the iOS App, including but not limited to any product liability or consumer protection claims. You further acknowledge and agree that if your possession and/or use of the iOS App infringes on the intellectual property rights of any third party, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims
4. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
You are responsible for accepting updated versions of the Site and Services
1. If Joyclean provides updated versions of the Site and/or the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site and Services, Joyclean shall not bear any responsibility or liability for your decision.
You agree to let us monitor your activity on the Site and Services, including the Joyclean mobile device applications
1. Because Joyclean wants to continue to improve the Site and the Services for the benefit of you, the user, we may monitor your activity on the Site and Services, including but not limited to the Joyclean mobile device applications.
2. By using the Site or Services you specifically agree to allow Joyclean to monitor you in this manner.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
1. You understand that Joyclean may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
Joyclean may terminate your use of the Site and/or Services without reason or notice to you
While Joyclean respects its users, you agree that Joyclean may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
Who Owns What and How You Can Use It
The copyright to all content on the Site and Services is owned by the provider of that content
1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of Joyclean or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
1. You agree that JOYCLEAN, JOYCLEAN PRO, JOYCLEAN.COM and other Joyclean graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Joyclean or its affiliates (“Trademark Content”).
2. Joyclean trademarks and trade dress may not be used in connection with any product or service that is not Joyclean’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Joyclean.
3. All other trademarks not owned by Joyclean or its affiliates that may appear on the Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Joyclean or its affiliates.
You may use the Joyclean Site and Services for limited purposes
1. Joyclean grants you a limited license to access and make personal use of the Site and the Services.
2. Joyclean does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand Joyclean does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Site and the Services or their contents; (b) make any derivative use of the Site and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
4. You understand that the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Joyclean and our affiliates without express written consent.
6. You may not use any meta tags or any other "hidden text" utilizing Joyclean’s name or trademarks without the express written consent of Joyclean. Any unauthorized use terminates the permission or license granted by Joyclean hereunder.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Joyclean or to the page representing your listing(s) on Joyclean so long as the link does not portray Joyclean, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any Joyclean logo or other proprietary graphic or trademark as part of the link without express written permission.
Some portions of the Services rely on Supported Platforms
1. You acknowledge that the Site and Services interoperate with several third party sites and services, including but not limited to Facebook, Google+, Twitter, Yelp, and other third party social networks (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to provide availability to Joyclean on reasonable terms, Joyclean may cease to provide such features to you without entitling you to refund, credit, or other compensation.
2. In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Site or Services, you are allowing Joyclean to pass your log-in information to these Supported Platforms for this purpose.
You have the necessary rights to share content and materials should you choose to
1. The Site and Services permit you and other users to create, submit, share, post, copy, link, store and otherwise distribute certain information, images, photos, drawings, videos, icons, text and/or other content (“User Content”). You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
2. You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Joyclean as set forth herein, with full knowledge that Joyclean may exploit it in any manner whatsoever. You make such warranties without Joyclean incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
3. You grant to Joyclean the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed, and to advertise, market and promote the same.
4. You further agree that Joyclean is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Joyclean, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind.
5. You further perpetually and irrevocably grant Joyclean the unconditional right to use and exploit your name, persona and likeness included in any User Content.
6. You also grant to Joyclean the right to sub-license and authorize others to exercise any of the rights granted to Joyclean.
7. You authorize Joyclean to publish your User Content in a searchable format that may be accessed by users of the Site, Services, and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Joyclean’s Copyright Policy
Joyclean does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located on the Site or Services;
4. Identification of the URL or other specific location on the Site or Services where the material that you claim is infringing is located;
5. Your address, telephone number, and email address;
6. 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;
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at emailUS@joyclean.com or by mail at Joyclean LLC, c/o WeWork Bryant Park, 54 West 40th Street, New York, New York 10018.
Joyclean reserves the right to terminate your account or any user account that it determines to be a “repeat infringer." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.
What Laws and Rules You Are Responsible For Following
You promise to comply with this Agreement and any laws or regulations applicable to you
1. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
2. You are responsible for all of your activity in connection with the Site and the Services.
3. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with Joyclean’s conduct policies when using the Site or Services
You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Site or Services except as expressly authorized by Joyclean;
You will not take any action that imposes or may impose (as determined by Joyclean in its sole discretion) an unreasonable or disproportionately large load on Joyclean’s (or its third party providers') infrastructure;
You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
You will not bypass any measures Joyclean may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
You will not run any form of auto-responder or "spam" on the Site and Services;
You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
You will not harvest or scrape any content or materials from the Site and Services;
You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
You will not otherwise take any action in violation of Joyclean’s guidelines and policies.
You will not threaten, intimidate, or harass another user or any parties, including but not limited to any Provider, on or through the Site or Services, during the performance of Provider Services, or otherwise.
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
You will not transmit or disseminate any "lobbying" or "electioneering" materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site and/or the Services in the course of using the Site and/or the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) Joyclean’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause Joyclean to be in violation of any law or regulation, or to infringe any right of any third party.
You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
You use the Joyclean Site and Services at your own risk
1. Joyclean has no obligation to review any content or material, posted to or through the Site and the Services, and cannot therefore be responsible for such material or content.
2. By operating the Site and the Services, Joyclean does not represent or imply that it endorses any content or material there posted, or that it believes such material to be accurate, useful or non-harmful.
3. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
4. The Site or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
5. The Site or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
6. Joyclean disclaims any responsibility for any harm resulting from the use by visitors of the Site or the Services, or from viewing or downloading by those visitors of content posted on the Site or the Services.
You are responsible for your own conduct
1. You are solely responsible for your interactions with other users, including Providers.
2. You agree to treat Providers in a courteous and lawful manner, to reasonably cooperate with Providers to allow them to perform the Provider Services, and to provide a safe and appropriate working environment for Providers that is in compliance with all applicable laws and regulations.
3. Joyclean shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, property damage, damage to premises, and/or any other damages resulting from communications or meetings with other users of the Site or Services, or persons you meet through the Site or Services, including but not limited to Providers.
Joyclean is not responsible for what happens outside of the Site and Services, including on websites the Site or Services links to
1. You understand the Site and the Services may contain (or you may receive from Joyclean, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content (“Third Party Content”).
2. You understand and agree that Joyclean is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Joyclean is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
3. You acknowledge and agree that Joyclean shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Information and press releases may not be updated
The Site and the Services contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by us.
Joyclean’s liability is limited
1. Joyclean is not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Site or the Services, whether posted or caused by users of the Site or the Services, Joyclean, third parties or by any of the equipment or programming associated with or utilized in the Site or the Services.
2. Joyclean is not responsible for the conduct, whether online or offline, of any user of the Site or the Services.
3. Joyclean assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
4. You understand that it is your duty to confirm and verify any information provided on or through the Site and Services, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, or links.
5. Joyclean is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person's computer, and/or mobile device.
6. Neither Joyclean nor any of its affiliates, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, anyone’s use of services purchased via the Site or Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services, whether online or offline.
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL JOYCLEAN OR ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, OR SUBSIDIARIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, THE SITE, OR PROVIDER SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
JOYCLEAN DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING PROVIDERS) OR SUPPORTED PLATFORMS ON THE SITE OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO STATEMENTS MADE BY (1) USERS RELATED TO ANY PROVIDER SERVICES AVAILABLE THROUGH THE SITE AND/OR SERVICES; (2) ALLEGED PROMISES RELATED TO THE ALLOCATION OF FUNDS, SERVICES TO BE PROVIDED, AND/OR ANY TIMELINES, AND (3) ANY THIRD PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS.
FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU PROVIDE ON THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, VIDEOS, WARRANTIES, GUARANTEES, SOUNDS, GRAPHICS, MUSIC, SOFTWARE OR ANY OTHER INFORMATION YOU PROVIDE IN THE REQUESTING OF ANY PROVIDER SERVICES.
THE QUALITY OF THE PROVIDER SERVICES REQUESTED OR ORDERED THROUGH THE SITE AND/OR SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE PROVIDER WHO ULTIMATELY PROVIDES SUCH PROVIDER SERVICES TO YOU. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT BY USING THE SITE AND/OR SERVICES, YOU MAY BE EXPOSED TO PROVIDER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SITE, SERVICES, AND SUCH PROVIDER, AT YOUR OWN RISK. JOYCLEAN SHALL NOT BE LIABLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY REQUEST OR ORDER YOU MAKE THROUGH THE SITE OR SERVICES, AND YOU AGREE THAT ANY SUCH TRANSACTION IS EXPRESSLY BETWEEN YOU AND THE THIRD PARTY; YOU THEREFORE RELEASE JOYCLEAN AND ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DISPUTES.
JOYCLEAN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $100. YOU AGREE THAT DISPUTES BETWEEN YOU AND JOYCLEAN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
You agree to indemnify Joyclean
You agree to indemnify, defend, and hold harmless Joyclean, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and Services, including but not limited to your requesting or the performance of Provider Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
The information and or features provided within the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Joyclean to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our Site and Services or any portion of the Site and Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide.
Services provided by Joyclean may be subject to United States export controls. Thus, no software from the Site and Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applications related to the Site and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
You will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
Agreement to Arbitration
2. You and Joyclean agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
3. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
4. You agree any arbitration shall take place in either New York County, New York or Washoe County, Nevada in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
5. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JOYCLEAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
1. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
2. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
3. Joyclean may assign its rights under this Agreement without condition.
4. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.