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Terms of Use
Last Updated: 06/08/26
ARTICLE I
GENERAL PROVISIONS
1. ACCEPTANCE OF THESE TERMS
Welcome to Joy Organics.
These Terms of Use ("Terms") constitute a legally binding agreement between you and Joy Organics, LLC, together with its parents, subsidiaries, affiliates, successors, assigns, and related entities (collectively, "Joy Organics," "Company," "we," "our," or "us"), governing your access to and use of our websites, online stores, mobile websites, customer accounts, subscription programs, rewards programs, products, services, communications, content, technologies, applications, social media properties, and other online and offline interactions that reference these Terms (collectively, the "Services").
BY ACCESSING, BROWSING, VISITING, REGISTERING FOR AN ACCOUNT, PURCHASING PRODUCTS, ENROLLING IN A SUBSCRIPTION PROGRAM, PARTICIPATING IN A REWARDS PROGRAM, SUBMITTING CONTENT, COMMUNICATING WITH JOY ORGANICS, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER APPLICABLE POLICIES AND AGREEMENTS REFERENCED HEREIN.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
2. IMPORTANT LEGAL NOTICE
THESE TERMS CONTAIN IMPORTANT LEGAL RIGHTS, OBLIGATIONS, LIMITATIONS, AND CONDITIONS THAT AFFECT YOUR LEGAL RIGHTS.
WITHOUT LIMITATION, THESE TERMS INCLUDE PROVISIONS RELATING TO:
mandatory informal dispute resolution procedures;
binding arbitration of many disputes;
waivers of certain legal rights and remedies;
limitations of liability and damages;
disclaimers of warranties;
limitations periods for certain claims;
class action and representative action waivers;
governing law and venue provisions;
attorneys' fees and costs where permitted by applicable law;
customer responsibilities and account obligations;
subscription and recurring purchase programs;
intellectual property rights;
user-generated content;
and other important legal rights and obligations.
YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
3. ELIGIBILITY
The Services are intended for use by adults.
By using the Services, you represent and warrant that:
you are at least eighteen (18) years of age;
you possess the legal capacity to enter into binding contracts;
you will comply with these Terms and applicable law;
you are using the Services for lawful purposes only;
and you are not prohibited from using the Services under applicable law.
Joy Organics reserves the right to refuse service, terminate accounts, cancel transactions, limit purchases, restrict access, or otherwise decline to provide Services where reasonably necessary to protect the Company, its customers, or its legitimate business interests.
4. CHANGES TO THESE TERMS
Joy Organics reserves the right, in its sole discretion, to amend, modify, supplement, restate, replace, or otherwise update these Terms at any time.
Changes may result from legal developments, technological changes, business developments, operational considerations, product changes, service modifications, security considerations, or other legitimate business reasons.
Updated Terms may be posted through the Services and shall become effective upon posting or upon such later date as specified by Joy Organics, except where applicable law requires additional notice or other procedures.
To the fullest extent permitted by applicable law, your continued access to or use of the Services following the date updated Terms become effective constitutes your acceptance of the revised Terms.
5. RELATED POLICIES
Your use of the Services may also be governed by additional agreements, notices, disclosures, and policies adopted by Joy Organics from time to time.
Such materials may include, without limitation:
Subscription Terms and Conditions;
Cookie Preferences;
and other policies or agreements relating to particular products, services, or programs.
To the extent permitted by applicable law, such policies and agreements are incorporated into these Terms by reference and shall supplement these Terms with respect to the matters specifically addressed therein.
6. ELECTRONIC COMMUNICATIONS
By using the Services, establishing an account, making a purchase, enrolling in a subscription program, or otherwise interacting with Joy Organics, you consent to receive electronic communications from Joy Organics relating to transactions, accounts, subscriptions, products, services, promotions, legal notices, customer service matters, and other business activities.
Electronic communications may be provided through websites, customer accounts, email communications, text messages, mobile communications, chat technologies, artificial intelligence-assisted communications, social media platforms, or other lawful methods.
You agree that electronic communications may satisfy legal requirements that communications be in writing to the fullest extent permitted by applicable law.
7. RESERVATION OF RIGHTS
Joy Organics reserves all rights not expressly granted in these Terms.
Nothing contained in these Terms shall be construed to limit Joy Organics' ability to protect its customers, employees, business partners, products, services, technologies, intellectual property, confidential information, business operations, or legitimate business interests.
Joy Organics expressly reserves all rights, defenses, privileges, immunities, limitations, exemptions, and protections available under applicable law and intends that these Terms be interpreted in a manner consistent with the lawful operation, protection, and continued development of its business.
ARTICLE II
WEBSITE USE, CUSTOMER RESPONSIBILITIES, AND PROHIBITED ACTIVITIES
Joy Organics grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your personal, lawful, and non-commercial use, subject to these Terms and applicable law.
Your right to use the Services is conditioned upon your compliance with these Terms and any additional policies, agreements, notices, or requirements adopted by Joy Organics from time to time.
8. PERMITTED USE
You may use the Services for legitimate personal and consumer purposes, including:
learning about Joy Organics and its products;
creating and maintaining customer accounts;
purchasing products;
participating in subscription and rewards programs;
communicating with customer service;
submitting reviews and other lawful content;
participating in promotions and educational activities;
and engaging in other activities expressly authorized by Joy Organics.
Nothing contained in these Terms grants any ownership interest in the Services or any right to exploit the Services for commercial purposes.
9. CUSTOMER RESPONSIBILITIES
You agree that you will:
provide accurate and current information;
maintain the confidentiality of account credentials;
promptly update inaccurate information;
maintain appropriate security over your devices and accounts;
comply with these Terms and applicable law;
use the Services only for lawful purposes;
cooperate with reasonable fraud prevention and identity verification procedures;
and promptly notify Joy Organics of suspected unauthorized account activity or security concerns.
You are responsible for all activities occurring under your account to the fullest extent permitted by applicable law.
10. PROHIBITED ACTIVITIES
You agree that you will not, directly or indirectly:
use the Services for unlawful purposes;
violate any applicable law or regulation;
submit false, misleading, fraudulent, or deceptive information;
impersonate another person or entity;
attempt to gain unauthorized access to the Services or related systems;
circumvent security measures or authentication procedures;
introduce viruses, malware, malicious code, bots, or other harmful technologies;
interfere with the operation or security of the Services;
scrape, harvest, extract, mine, copy, or systematically collect data or content from the Services without written authorization;
use automated systems to access or interact with the Services except as expressly authorized;
reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or proprietary technologies;
engage in fraudulent purchasing activities;
abuse promotional offers, referral programs, rewards programs, subscription programs, discounts, coupons, or similar opportunities;
submit false reviews or manipulate ratings;
engage in chargeback abuse or payment fraud;
purchase products for unlawful resale or diversion;
interfere with the use and enjoyment of the Services by others;
infringe intellectual property rights or proprietary rights;
or engage in any activity that may damage Joy Organics, its customers, business partners, reputation, operations, technology, or legitimate business interests.
The foregoing examples are illustrative and not exhaustive.
11. ACCOUNT SECURITY
Certain features of the Services may require the creation of an account.
You are responsible for maintaining the confidentiality of account credentials and restricting access to your account and devices.
Joy Organics may rely upon instructions and transactions initiated through your account unless Joy Organics has actual notice of unauthorized activity.
Joy Organics reserves the right to require identity verification procedures, account authentication measures, password updates, security reviews, or additional security measures as reasonably necessary to protect customers and the business.
12. PRODUCT AVAILABILITY
Joy Organics continuously evaluates and updates its products and services.
Accordingly, products, product formulations, packaging, pricing, promotions, subscription offerings, educational materials, rewards programs, technologies, and related business activities may be introduced, modified, improved, supplemented, replaced, discontinued, or otherwise changed without prior notice except where required by applicable law.
Nothing contained on the Services constitutes a guarantee regarding future product availability.
13. PRICING AND INFORMATIONAL ERRORS
Joy Organics endeavors to provide accurate information regarding products, pricing, promotions, availability, product descriptions, images, specifications, educational materials, and related content.
However, typographical errors, technical errors, pricing errors, promotional errors, inventory discrepancies, image variations, inaccuracies, omissions, delays, and other mistakes may occur.
Joy Organics reserves the right, to the fullest extent permitted by applicable law, to correct errors, revoke offers, refuse transactions, limit quantities, cancel orders, adjust pricing, modify promotions, or otherwise address such issues whether discovered before or after an order is placed.
If an order is canceled after payment has been processed, Joy Organics may provide an appropriate refund in accordance with applicable law.
14. FRAUD PREVENTION
Joy Organics reserves the right to investigate transactions, accounts, communications, purchases, subscription activities, promotional activities, rewards activities, referral activities, reviews, and other interactions with the Services for purposes of detecting and preventing fraud, abuse, deception, unauthorized activity, policy violations, payment disputes, chargebacks, unlawful conduct, and other activities that may adversely affect Joy Organics or others.
Joy Organics may suspend accounts, limit purchases, cancel orders, terminate subscriptions, revoke rewards, deny promotions, refuse service, report unlawful activity, cooperate with law enforcement, preserve evidence, and take other lawful actions reasonably necessary to protect the Company and its customers.
15. SUSPENSION AND TERMINATION
Joy Organics reserves the right, to the fullest extent permitted by applicable law and in its sole discretion, to suspend, restrict, limit, terminate, or refuse access to the Services, accounts, products, subscriptions, promotions, rewards programs, or other business activities where Joy Organics reasonably determines that such action is necessary or appropriate.
Circumstances may include violations of these Terms, suspected fraud, payment disputes, abusive conduct, security concerns, unlawful activities, protection of customers, protection of intellectual property, protection of business operations, legal compliance, operational necessity, or other legitimate business interests.
Termination or suspension shall not limit any rights or remedies otherwise available to Joy Organics under these Terms or applicable law.
16. RESERVATION OF BUSINESS RIGHTS
Joy Organics reserves the right to protect its customers, employees, business partners, technologies, intellectual property, confidential information, products, services, operations, and legitimate business interests.
Accordingly, Joy Organics may adopt, modify, supplement, improve, replace, discontinue, restrict, monitor, investigate, preserve, disclose, enforce, defend, or otherwise administer its products, services, technologies, policies, procedures, programs, communications, security measures, fraud prevention practices, and business operations as reasonably necessary to support the lawful operation and continued development of its business.
Nothing contained in this Article shall be interpreted to limit any right, remedy, privilege, immunity, exemption, defense, protection, or lawful business activity available to Joy Organics under applicable law.
ARTICLE III
PRODUCTS, ORDERS, SALES, AND TRANSACTIONS
Joy Organics offers products and services for sale through its websites and other authorized channels. The purchase of products from Joy Organics is subject to these Terms, applicable law, and any additional policies or agreements adopted by Joy Organics from time to time.
Joy Organics reserves the right to modify its products, pricing, packaging, formulations, services, promotions, technologies, fulfillment practices, and business operations as reasonably necessary to support the operation and continued development of its business.
17. PRODUCT INFORMATION
Joy Organics endeavors to provide accurate descriptions of its products and services, including product ingredients, formulations, packaging, specifications, images, pricing, availability, educational materials, and related information.
However, product information may change from time to time due to manufacturing improvements, supplier changes, regulatory developments, technological advancements, operational considerations, product enhancements, inventory requirements, or other legitimate business reasons.
Product images and packaging displayed on the Services are intended for illustrative purposes and actual products may vary.
Joy Organics reserves the right to modify, supplement, improve, discontinue, replace, or otherwise change products and product information without prior notice except where required by applicable law.
18. EDUCATIONAL INFORMATION
Information made available through the Services, including blogs, articles, newsletters, educational materials, product descriptions, videos, social media content, frequently asked questions, customer service communications, and similar materials, is provided for general informational and educational purposes only.
Such information is not intended to constitute medical advice, legal advice, professional advice, diagnosis, treatment recommendations, or guarantees of any particular outcome.
Individuals should consult qualified professionals regarding questions relating to their individual circumstances.
Nothing contained on the Services should be interpreted as creating any professional relationship between Joy Organics and any user.
19. FDA AND REGULATORY DISCLOSURES
Certain statements made through the Services may not have been evaluated by the United States Food and Drug Administration.
Except where expressly approved by the appropriate governmental authority, Joy Organics products are not intended to diagnose, treat, cure, or prevent any disease.
Individuals should use products responsibly and in accordance with applicable instructions and warnings.
Joy Organics reserves the right to modify product labeling, marketing materials, educational materials, product claims, packaging, and related content in response to legal, regulatory, scientific, operational, or business developments.
20. ORDER ACCEPTANCE
The placement of an order through the Services constitutes an offer to purchase products from Joy Organics and does not constitute acceptance of the order by Joy Organics.
Joy Organics reserves the right, to the fullest extent permitted by applicable law, to accept, reject, limit, cancel, modify, delay, or refuse any order for any lawful reason.
Circumstances may include pricing errors, inventory limitations, suspected fraud, payment issues, legal restrictions, product availability, shipping limitations, operational considerations, product recalls, customer account issues, policy violations, force majeure events, or protection of legitimate business interests.
An email acknowledging receipt of an order does not constitute acceptance of the order.
Acceptance generally occurs upon shipment of the applicable products or other affirmative confirmation by Joy Organics.
21. PAYMENT
Customers agree to provide current, complete, and accurate payment information.
By submitting payment information, customers represent and warrant that they are authorized to use the designated payment method and authorize Joy Organics and its payment service providers to charge the applicable amounts relating to purchases, subscriptions, taxes, shipping charges, and other applicable fees.
Joy Organics reserves the right to verify payment information, require additional verification procedures, decline transactions, suspend accounts, or cancel orders where reasonably necessary to prevent fraud or protect legitimate business interests.
22. TAXES
Applicable taxes, duties, assessments, governmental charges, shipping charges, handling charges, and similar amounts may be added to purchases as required by applicable law or Company policy.
Customers are responsible for applicable charges associated with their purchases except where otherwise expressly provided by Joy Organics or required by law.
23. SHIPPING AND DELIVERY
Shipping and delivery estimates provided by Joy Organics are estimates only and are not guaranteed unless expressly stated otherwise.
Joy Organics is not responsible for delays resulting from weather conditions, carrier delays, supply chain disruptions, governmental actions, customs procedures, natural disasters, labor disruptions, technological failures, security events, force majeure events, inaccurate customer information, or other circumstances beyond Joy Organics' reasonable control.
Risk of loss and title to products shall transfer in accordance with applicable law and the Company's applicable shipping policies.
24. RETURNS, REFUNDS, AND SATISFACTION GUARANTEES
Purchases may be subject to applicable refund policies, and other Company policies adopted from time to time.
Joy Organics reserves the right to establish reasonable procedures governing returns, refunds, exchanges, credits, guarantees, replacements, and related matters.
Joy Organics may investigate return activity, refund requests, and related matters to prevent fraud, abuse, or policy violations.
Nothing contained in this section shall limit rights provided under applicable consumer protection laws.
25. PRODUCT AVAILABILITY AND SUBSTITUTIONS
Product availability is subject to change without notice.
Joy Organics reserves the right to discontinue products, modify formulations, change packaging, revise serving sizes, update ingredients, improve products, consolidate product lines, introduce replacement products, limit purchase quantities, and otherwise manage product offerings in response to operational, scientific, regulatory, manufacturing, supply chain, or business considerations.
Where appropriate, Joy Organics may offer substitute products substantially similar or successor products designed to maintain continuity of customer subscriptions and ongoing customer relationships.
26. PRODUCT USE AND CUSTOMER RESPONSIBILITY
Customers are responsible for reading product labels, warnings, instructions, and educational materials before using products.
Customers agree to use products responsibly and in accordance with applicable instructions and warnings.
Joy Organics shall not be responsible for misuse of products, failure to follow instructions, use inconsistent with labeling, unauthorized modifications, improper storage, unlawful use, or use contrary to applicable law.
Customers are responsible for determining whether products are appropriate for their individual circumstances.
27. COMMERCIAL RESTRICTIONS
Unless expressly authorized in writing by Joy Organics, products purchased through the Services are intended for personal consumer use.
Joy Organics reserves the right to limit quantities, refuse bulk purchases, restrict resales, prohibit unauthorized distribution, terminate accounts, cancel orders, suspend subscriptions, revoke rewards, and take other lawful actions to protect product integrity, authorized distribution channels, intellectual property, pricing policies, and legitimate business interests.
28. PRODUCT SAFETY AND RECALLS
Joy Organics reserves the right to investigate product concerns, quality issues, adverse event reports, warranty claims, product complaints, customer inquiries, safety issues, and related matters.
Joy Organics may communicate with customers regarding product quality matters, product updates, product corrections, product withdrawals, recalls, safety notices, regulatory matters, warranty issues, and related business activities.
Customers agree to cooperate with reasonable product safety investigations and corrective actions where appropriate.
29. RESERVATION OF SALES AND PRODUCT RIGHTS
Joy Organics expressly reserves the right to introduce, modify, supplement, improve, discontinue, replace, limit, investigate, monitor, suspend, cancel, refuse, or otherwise administer products, services, transactions, pricing, promotions, sales practices, fulfillment practices, technologies, communications, and related business activities as reasonably necessary to support lawful business operations and protect legitimate business interests.
Nothing contained in this Article shall be interpreted to create any guarantee regarding product availability, future pricing, future formulations, future promotions, future services, or future business practices, or to limit any right, remedy, defense, privilege, exemption, or protection available to Joy Organics under applicable law.
ARTICLE IV
SUBSCRIPTIONS, RECURRING PURCHASES, AND CONTINUITY PROGRAMS
Joy Organics may offer subscription programs, recurring purchase programs, automatic shipment programs, continuity programs, membership benefits, and similar customer convenience services (collectively, "Subscription Services"). Participation in Subscription Services is voluntary and subject to these Terms, applicable law, and any additional program-specific terms adopted by Joy Organics from time to time.
30. ENROLLMENT IN SUBSCRIPTION SERVICES
Customers may elect to enroll in Subscription Services for eligible products.
By enrolling in a Subscription Service, you authorize Joy Organics to process recurring transactions using your designated payment method and to ship products according to your selected delivery preferences unless and until the Subscription Service is modified, paused, canceled, suspended, or terminated.
Enrollment in a Subscription Service constitutes acceptance of these Terms and any additional Subscription Service terms made available by Joy Organics.
31. AUTOMATIC RENEWAL
Subscription Services are designed to continue automatically until canceled by the customer or terminated by Joy Organics.
By enrolling in a Subscription Service, you authorize recurring charges for applicable products, taxes, shipping charges, and other authorized fees associated with the Subscription Service.
The amount and timing of recurring transactions may vary due to changes in product selections, taxes, shipping charges, promotional activities, pricing adjustments permitted by applicable law, customer-directed modifications, inventory availability, or other legitimate business considerations.
Joy Organics will provide notices relating to material subscription changes to the extent required by applicable law.
32. PAYMENT AUTHORIZATION
By participating in Subscription Services, you authorize Joy Organics and its payment service providers to maintain your payment credentials and to charge your designated payment method for recurring purchases and related charges associated with your Subscription Service.
Customers are responsible for maintaining accurate billing and payment information.
Joy Organics reserves the right to suspend, delay, modify, or terminate Subscription Services where payment authorization cannot be completed or where payment disputes, fraud concerns, security concerns, or other legitimate business issues arise.
33. CUSTOMER CONTROL OF SUBSCRIPTIONS
Subject to applicable law and program requirements, customers may manage eligible Subscription Services by accessing their accounts or by contacting Joy Organics through designated customer service channels.
Available options may include:
modifying shipment schedules;
changing products;
changing quantities;
updating shipping information;
updating payment methods;
pausing subscriptions;
resuming subscriptions;
canceling subscriptions;
and making other changes made available by Joy Organics.
Joy Organics reserves the right to establish reasonable operational procedures governing Subscription Service administration.
34. CANCELLATION
Customers may cancel eligible Subscription Services at any time using methods designated by Joy Organics and consistent with applicable law.
Cancellation requests will generally apply to future recurring transactions that have not yet entered fulfillment or processing stages.
Once an order associated with a Subscription Service has entered processing, fulfillment, or shipment, such order may not be canceled but may remain subject to applicable return or satisfaction guarantee policies.
Joy Organics reserves the right to establish reasonable administrative procedures governing cancellation requests.
Nothing contained in this section limits cancellation rights provided by applicable law.
35. PAUSES, SKIPS, AND MODIFICATIONS
Joy Organics may permit customers to pause, skip, accelerate, delay, or otherwise modify Subscription Services.
The availability of such features may depend upon operational capabilities, product availability, inventory levels, technology limitations, promotional conditions, and other business considerations.
Joy Organics reserves the right to modify or discontinue optional Subscription Service features from time to time.
36. SUBSCRIPTION BENEFITS
Subscription Services may include discounts, promotional pricing, rewards opportunities, free shipping benefits, exclusive offers, educational materials, early product access, or other customer benefits.
Such benefits may be modified, suspended, supplemented, improved, replaced, or discontinued by Joy Organics from time to time, subject to applicable law.
Participation in Subscription Services does not create a vested right to any particular discount, promotion, pricing structure, product offering, or future benefit.
37. PRODUCT CHANGES AND SUBSTITUTIONS
Joy Organics continuously evaluates and improves its product offerings.
Accordingly, products included in Subscription Services may be modified, improved, reformulated, repackaged, resized, consolidated, discontinued, replaced, upgraded, or otherwise changed from time to time.
To the extent permitted by applicable law, Joy Organics may offer replacement products, successor products, upgraded products, or alternative products where appropriate and may communicate with customers regarding available options.
Where required by applicable law, Joy Organics will provide advance notice of material changes affecting Subscription Services.
37A. SUCCESSOR PRODUCTS AND SUBSCRIPTION TRANSITIONS
To the fullest extent permitted by applicable law, Joy Organics may determine from time to time that a product included in a Subscription Service should be modified, improved, reformulated, upgraded, resized, repackaged, renamed, consolidated, replaced, or transitioned to a substantially similar or successor product.
Where Joy Organics reasonably determines that a successor product provides substantially similar or enhanced functionality, benefits, intended purposes, customer experience, overall value, or consumer use experience, Joy Organics may transition a subscriber to such successor product as part of the ongoing Subscription Service.
Such transitions may occur for a variety of legitimate business, operational, scientific, manufacturing, supply chain, quality assurance, product improvement, customer experience, inventory management, packaging, branding, ingredient sourcing, regulatory, legal, safety, technological, commercial, or other lawful business considerations, including product improvements, ingredient modifications, changes in applicable laws or regulations, evolving industry standards, or the discontinuation or limited availability of existing products.
For the avoidance of doubt, a successor product may include a product containing modified ingredients, modified formulations, modified cannabinoid compositions, modified cannabinoid profiles, or other product changes implemented in response to legal, regulatory, scientific, manufacturing, supply chain, quality, safety, or business considerations, provided Joy Organics reasonably determines that the successor product remains substantially similar in its intended purpose, customer experience, or overall value.
Joy Organics may, in its discretion, maintain existing subscription pricing, provide equivalent or enhanced value, offer alternative products, or make other reasonable accommodations in connection with such transitions.
Joy Organics will provide advance written notice of material Subscription Service product transitions and any applicable rights to modify or cancel the Subscription Service.
Subscribers may modify or cancel their Subscription Services in accordance with applicable law and Joy Organics' then-current subscription procedures.
Nothing contained in this Section guarantees the continued availability of any particular product, formulation, ingredient, serving size, strength, packaging configuration, flavor, scent, product name, promotional benefit, or individual product included in a Subscription Service. Joy Organics expressly reserves the right to manage, improve, and evolve its products and Subscription Services in a manner reasonably designed to comply with applicable law, respond to changing business and regulatory conditions, and continue providing high-quality products and services to its customers.
38. PRICING CHANGES
Subscription pricing, discounts, shipping charges, taxes, promotional benefits, and related economic terms may change from time to time.
Joy Organics reserves the right to modify pricing and related economic terms in response to changes in manufacturing costs, supply chain conditions, market conditions, product improvements, operational considerations, legal requirements, taxes, shipping costs, or other legitimate business considerations.
Joy Organics will provide advance notice of pricing changes where required by applicable law.
39. FAILURE TO PROCESS PAYMENT
If Joy Organics is unable to successfully process payment relating to a Subscription Service, Joy Organics may attempt to reprocess payment, request updated payment information, delay shipment, suspend Subscription Services, modify shipment schedules, terminate Subscription Services, cancel pending orders, or take other reasonable actions necessary to administer the Subscription Service and protect legitimate business interests.
40. TERMINATION OF SUBSCRIPTION SERVICES
Joy Organics reserves the right to suspend, restrict, modify, or terminate Subscription Services or individual subscriptions where reasonably necessary to:
protect customers;
prevent fraud;
address payment issues;
maintain security;
respond to legal requirements;
manage inventory;
address operational issues;
protect intellectual property;
respond to product availability issues;
investigate policy violations;
or otherwise protect legitimate business interests.
Termination of a Subscription Service shall not affect obligations arising before termination.
41. COMPLIANCE WITH AUTOMATIC RENEWAL LAWS
Joy Organics intends to administer Subscription Services in a manner reasonably designed to comply with applicable automatic renewal, consumer protection, and ecommerce laws.
Nothing contained in these Terms shall be interpreted to limit rights provided to consumers under applicable law or to require Joy Organics to provide benefits or procedures beyond those required by law or expressly adopted by the Company.
42. RESERVATION OF SUBSCRIPTION RIGHTS
Joy Organics expressly reserves the right to introduce, modify, supplement, improve, suspend, replace, discontinue, investigate, monitor, administer, or otherwise manage Subscription Services and related technologies, products, communications, discounts, promotions, rewards, operational practices, and customer engagement activities as reasonably necessary to support lawful business operations and protect legitimate business interests.
Nothing contained in this Article shall be construed to guarantee the continued availability of any Subscription Service, discount, promotional benefit, shipping benefit, product offering, pricing structure, or operational practice, or to limit any right, remedy, defense, exemption, privilege, immunity, or protection available to Joy Organics under applicable law.
ARTICLE V
CUSTOMER ACCOUNTS, REWARDS PROGRAMS, REVIEWS, REFERRALS, AND CUSTOMER ENGAGEMENT
Joy Organics may offer customer accounts, loyalty and rewards programs, referral programs, educational programs, promotional opportunities, product review platforms, customer engagement activities, and similar services designed to enhance the customer experience and support ongoing relationships with customers.
Participation in such activities is voluntary and subject to these Terms, applicable law, and any additional program-specific terms adopted by Joy Organics from time to time.
43. CUSTOMER ACCOUNTS
Certain features of the Services may require the establishment of a customer account.
Customers agree to provide accurate, current, and complete information and to promptly update account information as necessary.
Customers are responsible for maintaining the confidentiality of account credentials and for all activities occurring under their accounts to the fullest extent permitted by applicable law.
Joy Organics reserves the right to require identity verification procedures, security measures, authentication protocols, or additional documentation as reasonably necessary to protect customers and legitimate business interests.
44. ACCOUNT ADMINISTRATION
Joy Organics may maintain records relating to customer accounts, purchase histories, subscription activity, rewards activity, communications, customer service interactions, preferences, account modifications, and related information.
Such information may be used to administer accounts, improve customer experiences, provide customer service, administer subscriptions and rewards, prevent fraud, resolve disputes, comply with legal obligations, and otherwise support legitimate business operations.
Joy Organics reserves the right to suspend, restrict, modify, merge, consolidate, deactivate, or terminate accounts where reasonably necessary to protect customers, maintain security, prevent fraud, comply with legal obligations, or protect legitimate business interests.
45. REWARDS AND LOYALTY PROGRAMS
Joy Organics may offer loyalty programs, rewards programs, points programs, membership benefits, promotional benefits, referral incentives, educational incentives, and similar customer engagement opportunities.
Participation in such programs is voluntary and may be subject to separate program rules and eligibility requirements.
Rewards points, promotional credits, discounts, coupons, loyalty benefits, referral credits, and similar benefits:
have no cash value unless expressly provided by Joy Organics;
are personal to the participating customer;
may not be transferred except as expressly authorized;
may expire according to applicable program rules;
may be modified or discontinued;
and remain subject to fraud prevention and operational review procedures.
Joy Organics reserves the right to adjust, revoke, suspend, cancel, or recover rewards or benefits obtained through fraud, abuse, technical errors, policy violations, unauthorized activities, or other improper conduct.
46. REFERRAL PROGRAMS
Joy Organics may offer referral programs under which eligible participants may refer prospective customers.
Participants agree that referrals shall be made only through lawful and ethical means and in compliance with applicable law.
Referral activities involving spam, deception, false representations, fake accounts, self-referrals, automated technologies, unauthorized commercial activities, or other improper conduct may result in suspension or termination of participation and forfeiture of associated benefits.
Joy Organics reserves the right to investigate referral activity and to modify or discontinue referral programs at any time.
47. PRODUCT REVIEWS AND RATINGS
Joy Organics may permit customers to submit product reviews, ratings, comments, testimonials, questions, feedback, photographs, videos, and similar content.
By submitting such content, you represent and warrant that:
you own or control the rights necessary to submit the content;
the content is truthful and based upon your actual experiences;
the content does not violate applicable law or the rights of others;
the content does not contain misleading, fraudulent, defamatory, unlawful, obscene, threatening, harassing, discriminatory, or otherwise inappropriate material;
and the content complies with these Terms and applicable policies.
Joy Organics reserves the right, but not the obligation, to monitor, review, edit, moderate, remove, decline to publish, or otherwise manage user-submitted content.
48. LICENSE TO USER CONTENT
By submitting reviews, ratings, testimonials, comments, photographs, videos, suggestions, ideas, feedback, questions, or other content to Joy Organics, you grant Joy Organics and its affiliates a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, publicly display, publicly perform, transmit, commercialize, advertise, promote, market, and otherwise exploit such content in any media now known or later developed for lawful business purposes.
To the fullest extent permitted by applicable law, you waive any moral rights or similar rights relating to such content.
You acknowledge that Joy Organics has no obligation to use, maintain, compensate you for, or return any submitted content.
49. CUSTOMER FEEDBACK AND SUGGESTIONS
Customers may voluntarily provide suggestions, recommendations, ideas, proposals, comments, product concepts, business suggestions, marketing suggestions, technology suggestions, and other feedback.
Unless otherwise expressly agreed in writing, such submissions shall be deemed non-confidential and non-proprietary.
Joy Organics shall have no obligation to compensate individuals for such submissions and may use such submissions for any lawful business purpose without restriction or attribution.
50. PROMOTIONS, CONTESTS, AND SWEEPSTAKES
Joy Organics may conduct promotions, contests, sweepstakes, giveaways, charitable initiatives, educational campaigns, and similar activities.
Participation may be subject to separate official rules, eligibility requirements, disclosures, and applicable law.
Joy Organics reserves the right to modify, suspend, investigate, terminate, or administer such activities as reasonably necessary to protect participants and legitimate business interests.
51. CUSTOMER COMMUNICATIONS
Joy Organics may communicate with customers regarding accounts, subscriptions, rewards, referrals, reviews, promotions, educational opportunities, product information, customer service matters, legal notices, product quality matters, product safety matters, and other lawful business activities.
Customers acknowledge that certain communications are necessary for the administration of customer relationships and may continue notwithstanding marketing communication preferences to the extent permitted by applicable law.
52. ABUSE OF CUSTOMER PROGRAMS
Joy Organics reserves the right to investigate and address conduct involving:
multiple accounts;
false identities;
promotional abuse;
coupon abuse;
referral abuse;
rewards abuse;
review manipulation;
automated activities;
subscription abuse;
fraudulent returns;
chargeback abuse;
resale activities;
policy circumvention;
or other conduct that may adversely affect Joy Organics or its customers.
Joy Organics may suspend accounts, revoke benefits, cancel orders, terminate subscriptions, remove content, deny promotions, recover improperly obtained benefits, refuse service, preserve evidence, cooperate with law enforcement, and take other lawful actions reasonably necessary to protect legitimate business interests.
53. RESERVATION OF CUSTOMER RELATIONSHIP RIGHTS
Joy Organics expressly reserves the right to introduce, modify, supplement, improve, suspend, replace, discontinue, investigate, monitor, administer, or otherwise manage customer accounts, rewards programs, referral programs, review platforms, educational initiatives, promotions, customer engagement activities, technologies, communications, and related business operations as reasonably necessary to support lawful business activities and protect legitimate business interests.
Nothing contained in this Article shall be construed to guarantee the continued availability of any account feature, rewards benefit, referral opportunity, promotional activity, review platform, customer program, technology, or business practice, or to limit any right, remedy, defense, exemption, privilege, immunity, or protection available to Joy Organics under applicable law.
ARTICLE VI
INTELLECTUAL PROPERTY, WEBSITE CONTENT, AND TECHNOLOGY RIGHTS
Joy Organics and its licensors own valuable intellectual property and proprietary rights relating to the Services, products, technologies, business operations, content, branding, and related materials. This Article governs the ownership and permitted use of such intellectual property and is intended to protect the substantial investments made by Joy Organics in developing and maintaining its business.
54. OWNERSHIP OF THE SERVICES
The Services, including all websites, online stores, customer portals, software, technologies, functionality, content, text, graphics, photographs, videos, audio recordings, illustrations, logos, trademarks, service marks, trade dress, product names, product designs, packaging designs, layouts, interfaces, source code, object code, databases, compilations, algorithms, artificial intelligence systems, business methods, documentation, educational materials, marketing materials, and other content and materials made available by Joy Organics are owned by Joy Organics, its affiliates, licensors, suppliers, or other authorized parties and are protected by applicable intellectual property, contract, unfair competition, and other laws.
Nothing contained in these Terms transfers any ownership interest in the Services or related intellectual property.
55. LIMITED LICENSE
Subject to compliance with these Terms, Joy Organics grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, lawful, and non-commercial use.
This license does not include the right to:
copy or reproduce the Services;
modify or create derivative works;
distribute or publish content;
sell or commercially exploit content;
use content for competitive purposes;
scrape or harvest information;
reverse engineer technologies;
remove proprietary notices;
or otherwise exploit the Services except as expressly authorized by Joy Organics.
Joy Organics reserves the right to revoke this license at any time.
56. TRADEMARKS
Joy Organics, Joy Organics CBD, associated logos, product names, slogans, trade dress, branding elements, and other marks appearing through the Services are trademarks, service marks, trade names, or other proprietary identifiers owned by Joy Organics or licensed to Joy Organics.
Nothing contained in the Services or these Terms grants any license or right to use such marks without the prior written consent of Joy Organics or the applicable owner.
Unauthorized use of trademarks, branding, or trade dress is strictly prohibited.
57. COPYRIGHTS
All content appearing through the Services is protected by copyright and other proprietary rights.
Except as expressly permitted by these Terms or applicable law, no content may be copied, reproduced, distributed, republished, uploaded, displayed, transmitted, modified, adapted, translated, incorporated into other works, or otherwise exploited without prior written authorization.
58. PROHIBITED INTELLECTUAL PROPERTY ACTIVITIES
You agree that you will not:
copy, duplicate, or reproduce the Services;
scrape or systematically collect data;
use robots, crawlers, spiders, bots, or automated technologies to access the Services without authorization;
train artificial intelligence or machine learning models using the Services or Joy Organics content without written authorization;
reverse engineer or decompile technologies;
attempt to discover source code;
remove proprietary notices;
create derivative works;
mirror or frame the Services;
use Joy Organics content for competitive intelligence;
misappropriate trade secrets;
or otherwise infringe the intellectual property or proprietary rights of Joy Organics or others.
The foregoing examples are illustrative and not exhaustive.
59. DIGITAL MILLENNIUM COPYRIGHT ACT
Joy Organics respects the intellectual property rights of others and expects users to do the same.
Joy Organics reserves the right to investigate claims of intellectual property infringement and to remove or disable access to allegedly infringing materials where appropriate.
Joy Organics may terminate accounts or restrict access for repeat infringers or for other intellectual property violations.
Intellectual property complaints may be submitted through the contact methods designated by Joy Organics.
60. ARTIFICIAL INTELLIGENCE, DATA MINING, AND AUTOMATED ACCESS
Joy Organics invests substantial resources in developing content, educational materials, technologies, business systems, customer experiences, and digital assets.
Except as expressly authorized in writing, users may not use the Services or Joy Organics content for purposes of:
training artificial intelligence systems;
training machine learning models;
data mining;
large language model development;
algorithmic development;
automated scraping;
automated content extraction;
commercial analytics;
competitive intelligence activities;
or similar automated activities.
Joy Organics reserves all rights relating to emerging technologies and future technological developments.
61. CONFIDENTIAL INFORMATION AND TRADE SECRETS
Certain information relating to Joy Organics' business operations, technologies, pricing strategies, customer relationships, product development activities, manufacturing processes, supply chain activities, marketing strategies, algorithms, business methods, and other proprietary information may constitute confidential information or trade secrets.
Nothing contained in the Services or these Terms grants any right to access, acquire, use, disclose, or exploit confidential information or trade secrets belonging to Joy Organics.
62. FEEDBACK AND BUSINESS IDEAS
Any suggestions, recommendations, concepts, ideas, inventions, product proposals, technology proposals, business strategies, marketing ideas, improvements, innovations, or similar submissions voluntarily provided to Joy Organics may be used by Joy Organics for any lawful business purpose without restriction, compensation, attribution, or further obligation to the submitting party unless otherwise expressly agreed in writing.
63. ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Joy Organics actively protects its intellectual property, confidential information, trade secrets, technologies, brands, customer relationships, products, business operations, and other proprietary rights.
Joy Organics reserves the right to investigate suspected violations, preserve evidence, cooperate with law enforcement, pursue civil remedies, seek injunctive relief, recover damages, recover attorneys' fees and costs where permitted by law or contract, and pursue any other remedies available under applicable law or equity.
The failure to enforce any intellectual property right shall not constitute a waiver of such right.
64. RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
Joy Organics expressly reserves all intellectual property rights, proprietary rights, trade secret rights, contract rights, business rights, technology rights, data rights, publicity rights, privacy rights, and other legal rights relating to the Services and its business operations.
Nothing contained in these Terms shall be interpreted to limit Joy Organics' ability to develop new products, services, technologies, artificial intelligence systems, business models, educational materials, marketing activities, operational practices, or other business initiatives or to protect its intellectual property and legitimate business interests through any lawful means available.
All rights not expressly granted herein are reserved by Joy Organics.
ARTICLE VII
DISCLAIMERS, WARRANTIES, PRODUCT REPRESENTATIONS, AND ASSUMPTION OF RISK
Joy Organics endeavors to provide high-quality products, services, educational materials, and customer experiences. However, the Services and products involve various risks, uncertainties, and factors beyond the Company's reasonable control. Accordingly, this Article establishes important limitations, disclaimers, and customer responsibilities governing the use of the Services and products.
65. GENERAL DISCLAIMER
THE SERVICES, INCLUDING ALL PRODUCTS, CONTENT, EDUCATIONAL MATERIALS, WEBSITES, TECHNOLOGIES, CUSTOMER SERVICE COMMUNICATIONS, SUBSCRIPTIONS, REWARDS PROGRAMS, PROMOTIONAL ACTIVITIES, BLOGS, VIDEOS, SOCIAL MEDIA CONTENT, AND RELATED MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, JOY ORGANICS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SECURITY, QUIET ENJOYMENT, OR UNINTERRUPTED OPERATION.
66. NO MEDICAL ADVICE
THE SERVICES ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
NOTHING CONTAINED IN THE SERVICES, INCLUDING PRODUCT DESCRIPTIONS, BLOGS, ARTICLES, VIDEOS, CUSTOMER SERVICE COMMUNICATIONS, SOCIAL MEDIA CONTENT, TESTIMONIALS, REVIEWS, EDUCATIONAL MATERIALS, OR OTHER CONTENT, CONSTITUTES MEDICAL ADVICE, HEALTHCARE ADVICE, DIAGNOSIS, TREATMENT RECOMMENDATIONS, OR THE PRACTICE OF MEDICINE OR ANY OTHER PROFESSION.
CUSTOMERS SHOULD CONSULT QUALIFIED HEALTHCARE PROFESSIONALS REGARDING THEIR INDIVIDUAL CIRCUMSTANCES.
NO PHYSICIAN-PATIENT, HEALTHCARE PROVIDER-PATIENT, OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED THROUGH USE OF THE SERVICES.
67. FDA DISCLAIMER
EXCEPT AS EXPRESSLY APPROVED BY THE APPROPRIATE GOVERNMENTAL AUTHORITIES, STATEMENTS REGARDING JOY ORGANICS PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
JOY ORGANICS PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
CUSTOMERS ARE RESPONSIBLE FOR REVIEWING PRODUCT LABELS, WARNINGS, AND INSTRUCTIONS PRIOR TO USE.
67A. HEMP-DERIVED PRODUCT DISCLOSURES
Certain Joy Organics products contain hemp-derived cannabinoids.
Customers acknowledge that individual responses to hemp-derived products may vary and that cannabinoids may affect individuals differently depending upon personal circumstances.
Customers who are subject to employment, athletic, military, governmental, licensing, legal, or other drug-testing requirements should carefully consider the use of hemp-derived products and consult appropriate professionals before use.
Joy Organics does not represent or warrant that the use of any hemp-derived product will not result in the detection of cannabinoids or cannabinoid metabolites in drug screening or testing programs, and customers assume all risks associated with such testing.
Pregnant or nursing individuals and individuals taking medications or managing medical conditions should consult qualified healthcare professionals before using cannabinoid-containing products.
Customers are responsible for reviewing product labels and ingredient information and for determining whether the use of hemp-derived products is appropriate for their individual circumstances and consistent with applicable law.
68. INDIVIDUAL RESULTS MAY VARY
PRODUCT EXPERIENCES MAY DIFFER AMONG INDIVIDUALS.
ANY TESTIMONIALS, REVIEWS, CUSTOMER EXPERIENCES, SURVEY RESULTS, EDUCATIONAL MATERIALS, MARKETING CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEES, WARRANTIES, OR PREDICTIONS OF ANY PARTICULAR RESULT.
JOY ORGANICS DOES NOT WARRANT THAT ANY INDIVIDUAL WILL EXPERIENCE ANY PARTICULAR BENEFIT OR OUTCOME FROM THE USE OF ANY PRODUCT OR SERVICE.
69. PRODUCT USE AND CUSTOMER RESPONSIBILITY
CUSTOMERS ARE RESPONSIBLE FOR DETERMINING WHETHER PRODUCTS ARE APPROPRIATE FOR THEIR INDIVIDUAL CIRCUMSTANCES.
CUSTOMERS AGREE TO:
READ PRODUCT LABELS;
FOLLOW PRODUCT INSTRUCTIONS;
OBSERVE WARNINGS;
USE PRODUCTS RESPONSIBLY;
STORE PRODUCTS PROPERLY;
KEEP PRODUCTS AWAY FROM CHILDREN WHERE APPROPRIATE;
AND COMPLY WITH APPLICABLE LAW.
JOY ORGANICS SHALL NOT BE RESPONSIBLE FOR PRODUCT MISUSE, FAILURE TO FOLLOW INSTRUCTIONS, UNAUTHORIZED MODIFICATIONS, IMPROPER STORAGE, UNLAWFUL USE, OR OTHER USES INCONSISTENT WITH PRODUCT LABELING OR APPLICABLE LAW.
70. ALLERGIES, SENSITIVITIES, AND INDIVIDUAL CONDITIONS
CUSTOMERS ARE RESPONSIBLE FOR REVIEWING PRODUCT INGREDIENTS AND DETERMINING WHETHER PRODUCTS MAY BE APPROPRIATE FOR THEIR INDIVIDUAL CIRCUMSTANCES.
JOY ORGANICS DOES NOT WARRANT THAT PRODUCTS WILL BE SUITABLE FOR INDIVIDUALS WITH PARTICULAR ALLERGIES, SENSITIVITIES, MEDICAL CONDITIONS, DIETARY RESTRICTIONS, OR OTHER PERSONAL CIRCUMSTANCES.
CUSTOMERS SHOULD CONSULT APPROPRIATE PROFESSIONALS WHERE QUESTIONS EXIST REGARDING PRODUCT USE.
71. WEBSITE AVAILABILITY
JOY ORGANICS DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE WITH PARTICULAR DEVICES, OR FREE FROM DEFECTS, VIRUSES, MALWARE, CYBERATTACKS, OR OTHER HARMFUL COMPONENTS.
JOY ORGANICS RESERVES THE RIGHT TO MODIFY, SUSPEND, RESTRICT, INTERRUPT, OR DISCONTINUE THE SERVICES OR ANY PORTION THEREOF AT ANY TIME.
72. THIRD-PARTY CONTENT AND SERVICES
THE SERVICES MAY INCLUDE LINKS TO THIRD-PARTY WEBSITES, MARKETPLACES, PAYMENT PROCESSORS, SHIPPING PROVIDERS, SOCIAL MEDIA PLATFORMS, TECHNOLOGY PROVIDERS, ADVERTISING NETWORKS, OR OTHER THIRD-PARTY SERVICES.
JOY ORGANICS DOES NOT CONTROL SUCH THIRD PARTIES AND DISCLAIMS RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, CONTENT, SECURITY, PRIVACY PRACTICES, BUSINESS PRACTICES, OR OTHER ACTIVITIES.
INTERACTIONS WITH THIRD PARTIES ARE AT THE USER'S OWN RISK.
73. FORCE MAJEURE
JOY ORGANICS SHALL NOT BE RESPONSIBLE FOR DELAYS, INTERRUPTIONS, FAILURES, OR INABILITY TO PERFORM RESULTING FROM EVENTS BEYOND ITS REASONABLE CONTROL.
SUCH EVENTS MAY INCLUDE NATURAL DISASTERS, FIRES, FLOODS, HURRICANES, PANDEMICS, PUBLIC HEALTH EVENTS, LABOR DISPUTES, WAR, TERRORISM, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, REGULATORY DEVELOPMENTS, CYBERATTACKS, TECHNOLOGY FAILURES, SUPPLY CHAIN DISRUPTIONS, TRANSPORTATION FAILURES, CARRIER DELAYS, POWER FAILURES, COMMUNICATION FAILURES, OR OTHER SIMILAR EVENTS.
74. ASSUMPTION OF RISK
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USERS VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH ACCESSING THE SERVICES AND PURCHASING OR USING PRODUCTS OFFERED BY JOY ORGANICS.
SUCH RISKS MAY INCLUDE PRODUCT SENSITIVITIES, ALLERGIC REACTIONS, INDIVIDUAL VARIATIONS, SHIPPING DELAYS, PRODUCT AVAILABILITY CHANGES, TECHNOLOGY FAILURES, WEBSITE INTERRUPTIONS, SECURITY EVENTS, THIRD-PARTY ACTIONS, REGULATORY DEVELOPMENTS, OR OTHER RISKS INHERENT IN MODERN ECOMMERCE TRANSACTIONS.
75. NO GUARANTEE OF FUTURE AVAILABILITY
JOY ORGANICS DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF ANY PRODUCT, FORMULATION, INGREDIENT, SERVING SIZE, SUBSCRIPTION BENEFIT, REWARD PROGRAM, PROMOTION, DISCOUNT, WEBSITE FEATURE, TECHNOLOGY, SERVICE, OR BUSINESS PRACTICE.
JOY ORGANICS EXPRESSLY RESERVES THE RIGHT TO MODIFY, IMPROVE, REFORMULATE, REPACKAGE, REPLACE, CONSOLIDATE, SUSPEND, OR DISCONTINUE PRODUCTS AND SERVICES AS REASONABLY NECESSARY TO SUPPORT ITS BUSINESS OPERATIONS.
76. RESERVATION OF DISCLAIMER RIGHTS
THE DISCLAIMERS CONTAINED IN THIS ARTICLE ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR LIABILITIES, SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT ANY DISCLAIMER, DEFENSE, EXEMPTION, IMMUNITY, PROTECTION, LIMITATION, OR OTHER RIGHT AVAILABLE TO JOY ORGANICS UNDER APPLICABLE LAW.
ARTICLE VIII
LIMITATION OF LIABILITY, INDEMNIFICATION, AND ALLOCATION OF RISK
This Article establishes the allocation of risks between Joy Organics and users of the Services. The limitations, exclusions, disclaimers, waivers, and protections contained herein are fundamental elements of the agreement between the parties and form an essential basis upon which Joy Organics makes the Services and products available.
77. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOY ORGANICS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, ASSIGNS, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR SIMILAR DAMAGES.
SUCH DAMAGES INCLUDE, WITHOUT LIMITATION:
LOSS OF PROFITS;
LOSS OF REVENUE;
LOSS OF BUSINESS OPPORTUNITIES;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF USE;
BUSINESS INTERRUPTION;
LOSS OF SAVINGS;
DIMINUTION OF VALUE;
REPUTATIONAL HARM;
COST OF SUBSTITUTE PRODUCTS OR SERVICES;
OR OTHER COMMERCIAL OR ECONOMIC LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, EQUITY, OR OTHERWISE, EVEN IF JOY ORGANICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
78. MAXIMUM LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF JOY ORGANICS ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNT PAID BY THE CUSTOMER TO JOY ORGANICS FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIMITATION.
79. CUSTOMER INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JOY ORGANICS AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, JUDGMENTS, SETTLEMENTS, PENALTIES, FINES, AND REASONABLE ATTORNEYS' FEES ARISING OUT OF OR RELATING TO:
YOUR VIOLATION OF THESE TERMS;
YOUR MISUSE OF THE SERVICES;
YOUR VIOLATION OF APPLICABLE LAW;
YOUR NEGLIGENCE OR WRONGFUL CONDUCT;
YOUR USER-GENERATED CONTENT;
YOUR INFRINGEMENT OF THE RIGHTS OF OTHERS;
YOUR FRAUDULENT ACTIVITIES;
YOUR UNAUTHORIZED RESALE OR DISTRIBUTION OF PRODUCTS;
OR YOUR OTHER ACTS OR OMISSIONS.
JOY ORGANICS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY MATTER SUBJECT TO INDEMNIFICATION.
80. NO LIABILITY FOR THIRD PARTIES
JOY ORGANICS SHALL NOT BE RESPONSIBLE FOR THE ACTS, OMISSIONS, PRODUCTS, SERVICES, CONTENT, SECURITY PRACTICES, PRIVACY PRACTICES, TECHNOLOGIES, OR BUSINESS PRACTICES OF THIRD PARTIES.
THIS INCLUDES, WITHOUT LIMITATION:
PAYMENT PROCESSORS;
SHIPPING CARRIERS;
SOCIAL MEDIA PLATFORMS;
ADVERTISING PARTNERS;
TECHNOLOGY PROVIDERS;
SERVICE PROVIDERS;
MARKETPLACES;
AFFILIATES;
BUSINESS PARTNERS;
AND OTHER THIRD PARTIES.
INTERACTIONS WITH THIRD PARTIES ARE AT THE USER'S OWN RISK.
81. RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE JOY ORGANICS FROM CLAIMS, DEMANDS, DAMAGES, LOSSES, AND LIABILITIES ARISING FROM DISPUTES BETWEEN YOU AND OTHER CUSTOMERS, THIRD PARTIES, SERVICE PROVIDERS, BUSINESS PARTNERS, OR OTHER PERSONS OR ENTITIES NOT UNDER THE DIRECT CONTROL OF JOY ORGANICS.
82. LIMITATION PERIOD
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR SUCH CLAIM SHALL BE PERMANENTLY BARRED.
THIS PROVISION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
83. DUTY TO MITIGATE
YOU AGREE TO TAKE REASONABLE STEPS TO MITIGATE ANY DAMAGES, LOSSES, OR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS.
JOY ORGANICS SHALL NOT BE LIABLE FOR DAMAGES THAT COULD HAVE BEEN REASONABLY AVOIDED OR MITIGATED.
84. EQUITABLE RELIEF
YOU ACKNOWLEDGE THAT VIOLATIONS OF THESE TERMS MAY CAUSE IRREPARABLE HARM TO JOY ORGANICS FOR WHICH MONETARY DAMAGES MAY BE INADEQUATE.
ACCORDINGLY, JOY ORGANICS SHALL BE ENTITLED TO SEEK TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, OR OTHER EQUITABLE REMEDIES, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER APPLICABLE LAW, WITHOUT THE NECESSITY OF POSTING A BOND EXCEPT TO THE EXTENT REQUIRED BY LAW.
85. CUMULATIVE REMEDIES
THE RIGHTS AND REMEDIES OF JOY ORGANICS UNDER THESE TERMS ARE CUMULATIVE AND IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER CONTRACT, EQUITY, COMMON LAW, STATUTE, OR OTHERWISE.
THE EXERCISE OF ONE RIGHT OR REMEDY SHALL NOT PRECLUDE THE EXERCISE OF ANY OTHER RIGHT OR REMEDY.
86. ALLOCATION OF RISK
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION PROVISIONS, ASSUMPTION OF RISK PROVISIONS, REMEDY LIMITATIONS, AND OTHER PROTECTIVE PROVISIONS CONTAINED IN THESE TERMS REPRESENT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES.
YOU FURTHER ACKNOWLEDGE THAT JOY ORGANICS HAS RELIED UPON THESE PROVISIONS IN MAKING THE SERVICES, PRODUCTS, SUBSCRIPTIONS, REWARDS PROGRAMS, PROMOTIONS, AND OTHER BUSINESS ACTIVITIES AVAILABLE.
87. MAXIMUM ENFORCEABILITY
THE LIMITATIONS, DISCLAIMERS, EXCLUSIONS, RELEASES, WAIVERS, INDEMNIFICATION OBLIGATIONS, REMEDY LIMITATIONS, AND OTHER PROTECTIVE PROVISIONS CONTAINED IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF ANY PORTION OF THIS ARTICLE IS DETERMINED TO BE INVALID OR UNENFORCEABLE, SUCH PORTION SHALL BE LIMITED OR SEVERED ONLY TO THE MINIMUM EXTENT NECESSARY, AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT ANY DISCLAIMER, DEFENSE, IMMUNITY, EXEMPTION, PRIVILEGE, LIMITATION, WAIVER, OR OTHER PROTECTION AVAILABLE TO JOY ORGANICS UNDER APPLICABLE LAW.
ARTICLE IX
DISPUTE RESOLUTION, MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND GOVERNING LAW
88. GOOD FAITH INFORMAL DISPUTE RESOLUTION
Joy Organics values its customer relationships and seeks to resolve disputes efficiently and fairly.
Before initiating arbitration or any legal proceeding relating to the Services, products, or these Terms, the party asserting a dispute shall provide written notice describing the nature of the dispute and the relief requested.
The parties agree to participate in good-faith efforts to resolve the dispute informally for a period of at least thirty (30) days following receipt of such notice before commencing arbitration or other legal proceedings, unless applicable law prohibits such a requirement.
Nothing contained in this section shall prevent either party from seeking temporary injunctive relief where reasonably necessary to prevent imminent and irreparable harm.
89. AGREEMENT TO BINDING ARBITRATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES, THE WEBSITE, PRODUCTS, PURCHASES, SUBSCRIPTIONS, REWARDS PROGRAMS, PROMOTIONS, CUSTOMER ACCOUNTS, COMMUNICATIONS, THE PRIVACY POLICY, THESE TERMS, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR WHERE PROHIBITED BY APPLICABLE LAW.
THIS AGREEMENT TO ARBITRATE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 ("FAA"), AND SHALL BE INTERPRETED BROADLY.
90. SCOPE OF ARBITRATION
The arbitration agreement applies to claims based upon contract, tort, statute, fraud, misrepresentation, negligence, strict liability, consumer protection laws, privacy laws, advertising laws, warranty claims, equitable claims, and any other legal or equitable theory.
The parties agree that questions regarding the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement shall be decided by the arbitrator except where applicable law provides otherwise.
91. ARBITRATION PROCEDURES
Any arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules then in effect, except as modified by these Terms.
The arbitration may be conducted through written submissions, telephone, video conference, or other remote means where permitted by the applicable rules and the arbitrator.
If an in-person hearing is required, such hearing shall take place in Larimer County, Colorado unless applicable law requires otherwise.
92. JURY TRIAL WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
93. GOVERNING LAW
To the fullest extent permitted by applicable law, these Terms and any dispute arising out of or relating to the Services shall be governed by the laws of the State of Colorado, without regard to conflict of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
94. VENUE FOR NON-ARBITRABLE CLAIMS AND SMALL CLAIMS COURT
Nothing contained herein shall prevent either party from pursuing an individual claim in a court of competent jurisdiction that qualifies for small claims court, provided such claim remains solely on an individual basis.
To the extent any claim is determined not to be subject to arbitration, the parties agree that such claim shall be brought exclusively in the state or federal courts located in the State of Colorado, and each party irrevocably submits to the jurisdiction of such courts.
95. ATTORNEYS' FEES AND COSTS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PREVAILING PARTY IN ANY ARBITRATION, LITIGATION, OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS' FEES, COSTS, EXPERT FEES, INVESTIGATION COSTS, AND OTHER REASONABLE EXPENSES INCURRED IN CONNECTION WITH THE PROCEEDING, EXCEPT TO THE EXTENT APPLICABLE LAW PROVIDES OTHERWISE.
Nothing contained herein shall be construed to deprive any consumer of non-waivable rights provided under applicable law.
96. FRIVOLOUS OR BAD-FAITH CLAIMS
The parties acknowledge that informal resolution and arbitration are intended to provide an efficient means of resolving legitimate disputes.
To the fullest extent permitted by applicable law, the arbitrator or court may consider whether any claim, defense, motion, or position was asserted frivolously, vexatiously, for purposes of harassment, or in bad faith when determining the allocation of costs and attorneys' fees where otherwise authorized by law or these Terms.
97. SURVIVAL
This Article shall survive termination of customer accounts, completion of purchases, termination of subscriptions, termination of rewards programs, termination of promotions, termination of these Terms, and any other termination of the relationship between the parties.
98. CLASS ACTION WAIVER AND BATCH ARBITRATION PROCEDURES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.
YOU AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER MULTI-PARTY PROCEEDING AGAINST JOY ORGANICS EXCEPT TO THE EXTENT SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW.
THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR TO PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING EXCEPT AS REQUIRED BY LAW.
If multiple substantially similar claims are asserted against Joy Organics by the same law firm or coordinated counsel, such claims may be administered in staged batches in a manner reasonably designed to promote efficiency, consistency, and fairness while preserving each claimant's right to an individual determination.
Nothing contained herein authorizes class arbitration.
99. JOY ORGANICS' RIGHT TO PROTECT ITS BUSINESS
Nothing contained in this Article shall prevent Joy Organics from seeking temporary restraining orders, preliminary injunctions, permanent injunctions, specific performance, equitable relief, or other remedies reasonably necessary to protect its intellectual property, confidential information, trade secrets, customer information, business operations, technology systems, website security, or other legitimate business interests.
100. ACKNOWLEDGMENT
BY ACCESSING OR USING THE SERVICES, PURCHASING PRODUCTS, ENROLLING IN A SUBSCRIPTION PROGRAM, OR ACCEPTING A SUCCESSOR OR REPLACEMENT SUBSCRIPTION PRODUCT, YOU ACKNOWLEDGE THAT:
YOU HAVE READ THIS ARTICLE;
YOU UNDERSTAND ITS TERMS;
YOU UNDERSTAND THAT MANY DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION;
YOU ARE WAIVING CERTAIN RIGHTS TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS;
YOU ARE WAIVING CERTAIN RIGHTS TO A JURY TRIAL;
YOU UNDERSTAND THAT THE PREVAILING PARTY MAY RECOVER ATTORNEYS' FEES TO THE EXTENT PROVIDED HEREIN AND PERMITTED BY APPLICABLE LAW;
AND YOU VOLUNTARILY AGREE TO THESE PROVISIONS AS A MATERIAL CONDITION OF ACCESSING OR USING THE SERVICES, PURCHASING PRODUCTS, PARTICIPATING IN SUBSCRIPTION PROGRAMS, AND MAINTAINING AN ONGOING CUSTOMER RELATIONSHIP WITH JOY ORGANICS.
ARTICLE X
MISCELLANEOUS LEGAL PROVISIONS
This Article contains additional legal provisions governing the interpretation, administration, enforcement, and continued application of these Terms. The provisions contained herein are intended to promote certainty, preserve the rights of the parties, and facilitate the lawful operation and continued development of Joy Organics' business.
101. COMPLIANCE WITH APPLICABLE LAW
Joy Organics intends to operate its business in compliance with applicable federal, state, and local laws and regulations.
Nothing contained in these Terms shall be interpreted to require Joy Organics to engage in conduct prohibited by applicable law or to waive any rights, protections, exemptions, privileges, defenses, or limitations available under applicable law.
If any provision of these Terms conflicts with a mandatory provision of applicable law, such provision shall be interpreted and applied to the minimum extent necessary to comply with applicable law while preserving the remaining provisions of these Terms.
102. FORCE MAJEURE
Joy Organics shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control.
Such events may include:
natural disasters;
fires;
floods;
hurricanes;
earthquakes;
pandemics;
public health emergencies;
governmental actions;
changes in law;
regulatory developments;
acts of war;
terrorism;
civil disturbances;
cybersecurity incidents;
labor disputes;
carrier interruptions;
supply chain disruptions;
utility failures;
technology failures;
communication failures;
acts or omissions of third parties;
or other similar events.
Joy Organics may suspend, delay, modify, or discontinue performance during such events without liability to the fullest extent permitted by law.
103. ASSIGNMENT
Joy Organics may assign, delegate, transfer, pledge, sell, license, sublicense, or otherwise convey these Terms or any rights or obligations arising under these Terms without restriction to the fullest extent permitted by applicable law.
Customers may not assign, transfer, delegate, sublicense, or otherwise convey any rights or obligations arising under these Terms without the prior written consent of Joy Organics.
Any attempted assignment in violation of this provision shall be void to the extent permitted by law.
104. NO WAIVER
The failure of Joy Organics to enforce any provision of these Terms or to exercise any right or remedy shall not constitute a waiver of such provision, right, or remedy.
Any waiver must be in writing and shall apply only to the specific circumstance expressly identified.
No course of conduct, prior dealings, delay, or omission shall constitute a waiver of any right or remedy available to Joy Organics.
105. SEVERABILITY
If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be interpreted, modified, limited, or severed only to the minimum extent necessary to preserve the intent of the parties and the enforceability of the remaining provisions.
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any remaining provision.
106. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Your Privacy Choices page, Subscription Terms, Rewards Program Terms, shipping policies, return policies, and other agreements or policies expressly incorporated by reference, constitute the entire agreement between the parties relating to the subject matter addressed herein.
These Terms supersede prior or contemporaneous communications, discussions, negotiations, understandings, or agreements relating to such subject matter, except as otherwise expressly provided.
107. NO THIRD-PARTY BENEFICIARIES
Except as expressly provided herein or required by applicable law, these Terms are intended solely for the benefit of Joy Organics and the individual using the Services.
Nothing contained in these Terms shall create any third-party beneficiary rights or causes of action.
108. HEADINGS AND INTERPRETATION
Article titles, section headings, captions, organizational labels, and formatting are included solely for convenience and shall not affect the interpretation of these Terms.
Examples contained throughout these Terms are illustrative and not exhaustive.
References to "including," "includes," and similar expressions shall mean "including, without limitation."
These Terms shall be interpreted as a whole and not against either party solely because that party prepared or drafted the Terms.
109. ELECTRONIC RECORDS AND SIGNATURES
To the fullest extent permitted by applicable law, electronic records, electronic signatures, electronic communications, electronic consents, electronic acknowledgments, and electronic transactions shall have the same legal effect and enforceability as paper records and handwritten signatures.
Customers consent to the use of electronic records and communications in connection with purchases, subscriptions, customer accounts, rewards programs, promotions, customer service interactions, dispute resolution activities, legal notices, and other business activities.
110. SURVIVAL
The provisions of these Terms that by their nature should survive termination shall survive the termination of these Terms and the relationship between the parties.
Without limitation, provisions relating to:
payment obligations;
intellectual property;
customer content;
limitations of liability;
indemnification;
disclaimers;
dispute resolution;
arbitration;
class action waivers;
governing law;
venue;
attorneys' fees;
confidential information;
reservation of rights;
and other similar provisions
shall survive termination.
111. RELATIONSHIP OF THE PARTIES
Nothing contained in these Terms shall create any partnership, joint venture, agency relationship, employment relationship, franchise relationship, fiduciary relationship, or similar legal relationship between Joy Organics and any customer or user.
No party shall have authority to bind the other except as expressly authorized in writing.
112. RESERVATION OF BUSINESS RIGHTS
Joy Organics continuously evaluates and improves its business operations.
Accordingly, Joy Organics expressly reserves the right, to the fullest extent permitted by applicable law, to:
modify products;
modify services;
modify technologies;
modify pricing;
modify subscription programs;
modify rewards programs;
modify promotional activities;
modify educational materials;
modify website functionality;
modify business practices;
modify operational procedures;
adopt emerging technologies;
respond to legal developments;
protect intellectual property;
protect customer relationships;
prevent fraud;
maintain security;
and otherwise operate, improve, protect, and develop its business and legitimate interests.
113. ENTIRE TERMS OF USE
These Terms are intended to establish a comprehensive contractual framework governing the relationship between Joy Organics and users of the Services.
Nothing contained herein shall be construed to prohibit Joy Organics from:
adopting additional agreements;
implementing supplemental policies;
providing additional disclosures;
modifying business operations;
expanding product offerings;
introducing new technologies;
responding to legal developments;
protecting customers;
protecting intellectual property;
protecting confidential information;
protecting business operations;
or otherwise conducting lawful business activities consistent with applicable law.
Joy Organics expressly reserves all rights, remedies, privileges, defenses, exemptions, immunities, limitations, protections, and lawful business interests available under contract, equity, common law, statute, regulation, or otherwise.
To the fullest extent permitted by applicable law, these Terms shall be interpreted in a manner consistent with the lawful operation, protection, and continued development of Joy Organics' business.
