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terms and Conditions
Effective Date: June 2023
The Website and Products are offered subject to your acceptance of these terms and conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and joyfball.org and you should read them carefully. By agreeing to these Terms, you also agree to the joyfball.org Privacy Policy, Online Return Policy, Store Return Policy and Shipping Policy, all of which are expressly incorporated herein.
This Agreement contains an Arbitration Agreement and Class Action Waiver, which waives your rights to a court hearing or jury trial or to participate in a class action lawsuit. Unless otherwise provided below or you opt out, arbitration is mandatory and the sole remedy for resolving any and all disputes. You must read this document in its entirety before accessing, using or purchasing any products through the Website.
User Obligations
By downloading, accessing or using the Website, you represent that you are eighteen (18) years of age or older, or the age of majority, whichever is greater, and that you agree to these Terms. You also agree to abide by all applicable local, state and national laws and regulations in connection with your use of the Website. You further represent that when submitting information to joyfball.org through this Website, you shall always provide true, accurate, current and complete information (and updates thereto). You may use this Website only as permitted by this Agreement and shall not use the Website or the Content for any commercial, political, obscene, illegal or inappropriate purpose. joyfball.org reserves the right, in its sole discretion, to terminate your access to this Website for any reason or no reason. If you register for an account on this Website, you may be required to specify an email address and password, and joyfball.org may specify other requirements from time to time. You agree to assume all responsibility for your use of this Website, including all activities that occur under your password (and associated account access). You shall immediately notify joyfball.org if you suspect or become aware of any loss, theft or unauthorized use of your password.
Purchases through the Website
All purchases made through this Website are subject to our acceptance. This means that we may refuse to accept or cancel any transaction at our sole discretion and without any liability to you or any third party. This Website does not permit orders from dealers, wholesalers or other customers who intend to resell merchandise offered on this Website. joyfball.org expressly conditions acceptance of your order upon your agreement to these Terms and any additional terms and conditions that may be presented to you on this Site governing your purchase of certain products. By ordering products through this Site, you agree to provide true, accurate, current and complete information. joyfball.org reserves the right to discontinue or change specifications and prices of products offered on and off the Site without prior notice and without any obligation to you. Prices and availability are subject to change without notice, and joyfball.org reserves the right to revoke any offer to correct any errors, inaccuracies or omissions.
joyfball.org wants you to be satisfied with the products you purchase from this Site. If you wish to return a product, please review our Online Return Policy and Store Return Policy, which are incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, images, advertising copy, URLs, technology, software and the overall arrangement or “look and feel” of such materials, including copyrighted materials, and trademarks, logos and service marks belonging to joyfball.org, its licensors, licensees or other third parties (collectively, the “Content”). The Website and the Content are owned, licensed or controlled by joyfball.org, its licensors and certain other third parties, and all right, title and interest in and to the Content and the Website are owned by joyfball.org, its licensors or certain other third parties and are protected by U.S. and international copyright, trademark, trade dress, patent or other intellectual property and laws. By using the Website, you will not acquire any ownership or intellectual property or other interest in any items or Content on the Website. Subject to your agreement and compliance with this Agreement, joyfball.org grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access, display, view and use the Content on the Website solely for your personal, non-commercial use. You agree that joyfball.org may suspend or terminate the availability of the Site, its content or products immediately and without notice to you and without liability to you or any third party.
User Generated Content
By submitting or posting any material or content (“User Generated Content”) on the Site, you grant joyfball.org a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce and sublicense such material or any portion of such material. You hereby represent, warrant and covenant that any User Generated Content you provide does not violate any law or the rights of any third party and that you have full rights to grant joyfball.org the license specified above. joyfball.org shall be entitled to use any User Generated Content without any obligation of confidentiality, attribution or compensation to you.
Limitation of Liability; Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. joyfball.org DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED IN THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL joyfball.org OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, COSTS, EXPENSES, COSTS OR LOSSES ARISING OUT OF OR RELATING TO Notwithstanding anything to the contrary in these Terms, this disclaimer and limitation of liability shall not apply in the State of New Jersey.
Links to Third Party Websites
The Website may contain links to third party websites, such as those from advertisers, sponsors, content partners and third parties. The inclusion of any link on the Website does not imply our endorsement of the link, and joyfball.org expressly disclaims any responsibility for the content, materials, accuracy of information, or quality of products or services provided by, available through or advertised on these third party websites.
Privacy
You understand, acknowledge and agree that the operation of certain portions of the Website or the receipt of certain information (such as registration or account creation on the Website) requires the submission, use and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing joyfball.org with your electronic signature, expressly consenting to be contacted by telephone (including automatic dialing systems, pre-recorded messages, SMS and MMS messages), even if the number you provide is on a corporate, state or national “Do Not Call” list. You understand that your consent is not required for purchases.
Electronic Signatures and Agreement
You acknowledge and agree that by accepting these Terms and Conditions by clicking on the button labeled “Submit,” “Download,” “Place Order,” “I Accept,” any link where you submit billing or shipping information, or a similar link designated by joyfball.org, you are submitting your legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Agreement. Subject to any applicable statutes, regulations, rules, ordinances, or other laws, including but not limited to the United States Electronic Signatures in Global and National Commerce Act, PL 106-229 (the “E-Signs Act”), you hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Site or products offered by joyfball.org. Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by non-electronic means.
Sales Tax
joyfball.org complies with state guidelines regarding sales and use taxes, which vary depending on the destination address of your shipment. Any applicable taxes will be calculated based on the total value of your merchandise when you proceed to checkout and confirm your shipping details. In addition, the order total at checkout reflects estimated taxes. The actual charge to your payment method will reflect all applicable state, local, and county taxes and will be calculated after your order is shipped.
Various
This Agreement constitutes the entire agreement between you and joyfball.org and supersedes any prior versions of this Agreement and joyfball.org. If any provision of this Agreement is held by an arbitrator or, if appropriate, a court of competent jurisdiction, to be invalid, the remaining provisions will not be affected and will continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.
Effective Date: June 7, 2023
The Website and Products are offered subject to your acceptance of these terms and conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and joyfball.org and you should read them carefully. By agreeing to these Terms, you also agree to the joyfball.org Privacy Policy, Online Return Policy, Store Return Policy and Shipping Policy, all of which are expressly incorporated herein.
This Agreement contains an Arbitration Agreement and Class Action Waiver, which waives your rights to a court hearing or jury trial or to participate in a class action lawsuit. Unless otherwise provided below or you opt out, arbitration is mandatory and the sole remedy to resolve any and all disputes. You must read this document in its entirety before accessing, using or purchasing any products through the Website.
User Obligations
By downloading, accessing or using the Website, you represent that you are eighteen (18) years of age or older, or the age of majority, whichever is greater, and that you agree to these Terms. You also agree to abide by all applicable local, state and national laws and regulations in connection with your use of the Website. You further represent that when submitting information to joyfball.org through this Website, you shall always provide true, accurate, current and complete information (and updates thereto). You may use this Website only as permitted by this Agreement and shall not use this Website or the Content for any commercial, political, obscene, illegal or inappropriate purpose. joyfball.org reserves the right, in its sole discretion, to terminate your access to this Website for any reason or no reason. If you register for an account on this Website, you may be required to specify an email address and password, and joyfball.org may specify other requirements from time to time. You agree to assume all responsibility for your use of this Website, including all activities that occur under your password (and associated account access). You shall immediately notify joyfball.org if you suspect or become aware that your password has been lost, stolen or otherwise used without authorization.
Purchases through the Website
All purchases made through this Website are subject to our acceptance. This means that we may refuse to accept or cancel any transaction at our sole discretion and without liability to you or any third party. This Website does not permit orders from dealers, wholesalers or other customers who intend to resell merchandise offered on this Website. joyfball.org expressly conditions acceptance of your order upon your agreement to these Terms and any additional terms and conditions that may be presented to you on this Site governing your purchase of certain products. By ordering products through this Site, you agree to provide true, accurate, current and complete information. joyfball.org reserves the right to discontinue or change specifications and prices of products offered on and off the Site without prior notice and without any obligation to you. Prices and availability are subject to change without notice, and joyfball.org reserves the right to revoke any offer to correct any errors, inaccuracies or omissions.
joyfball.org wants you to be satisfied with the products you purchase from this Site. If you wish to return a product, please review our Online Return Policy and Store Return Policy, which are incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, images, advertising copy, URLs, technology, software and the overall arrangement or “look and feel” of such materials, including copyrighted materials, and trademarks, logos and service marks belonging to joyfball.org, its licensors, licensees or other third parties (collectively, the “Content”). The Website and the Content are owned, licensed or controlled by joyfball.org, its licensors and certain other third parties, and all right, title and interest in and to the Content and the Website are owned by joyfball.org, its licensors or certain other third parties and are protected by U.S. and international copyright, trademark, trade dress, patent or other intellectual property and laws. By using the Website, you will not acquire any ownership or intellectual property or other interest in any items or Content on the Website. Subject to your agreement and compliance with this Agreement, joyfball.org grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access, display, view and use the Content on the Website solely for your personal, non-commercial use. You agree that joyfball.org may suspend or terminate the availability of the Site, its content or products immediately and without notice to you and without liability to you or any third party.
User Generated Content
By submitting or posting any material or content (“User Generated Content”) on the Site, you grant joyfball.org a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce and sublicense such material or any portion of such material. You hereby represent, warrant and covenant that any User Generated Content you provide does not violate any law or the rights of any third party and that you have full rights to grant joyfball.org the license specified above. joyfball.org shall be entitled to use any User Generated Content without any obligation of confidentiality, attribution or compensation to you.
Limitation of Liability; Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. joyfball.org DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED IN THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL joyfball.org OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, COSTS, EXPENSES, COSTS OR LOSSES ARISING OUT OF OR RELATING TO Notwithstanding anything to the contrary in these Terms, this disclaimer and limitation of liability shall not apply in the State of New Jersey.
Links to Third Party Websites
The Website may contain links to third party websites, such as those from advertisers, sponsors, content partners and third parties. The inclusion of any link on the Website does not imply our endorsement of the link, and joyfball.org expressly disclaims any responsibility for the content, materials, accuracy of information, or quality of products or services provided by, available through or advertised on these third party websites.
Privacy
You understand, acknowledge and agree that the operation of certain portions of the Website or the receipt of certain information (such as registration or account creation on the Website) requires the submission, use and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing joyfball.org with your electronic signature, expressly consenting to be contacted by telephone (including automatic dialing systems, pre-recorded messages, SMS and MMS messages), even if the number you provide is on a corporate, state or national “Do Not Call” list. You understand that your consent is not required for purchases.
Electronic Signatures and Agreement
You acknowledge and agree that by accepting these Terms and Conditions by clicking on the button labeled “Submit,” “Download,” “Place Order,” “I Accept,” any link where you submit billing or shipping information, or a similar link designated by joyfball.org, you are submitting your legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Agreement. Subject to any applicable statutes, regulations, rules, ordinances, or other laws, including but not limited to the United States Electronic Signatures in Global and National Commerce Act, PL 106-229 (the “E-Signs Act”), you hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Site or products offered by joyfball.org. Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by non-electronic means.
Sales Tax
joyfball.org complies with state guidelines regarding sales and use taxes, which vary depending on the destination address of your shipment. Any applicable taxes will be calculated based on the total value of your merchandise when you proceed to checkout and confirm your shipping details. In addition, the order total at checkout reflects estimated taxes. The actual charge to your payment method will reflect all applicable state, local, and county taxes and will be calculated after your order is shipped.
Various
This Agreement constitutes the entire agreement between you and joyfball.org and supersedes any prior versions of this Agreement and joyfball.org. If any provision of this Agreement is held by an arbitrator or, if appropriate, a court of competent jurisdiction, to be invalid, the remaining provisions will not be affected and will continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.