Terms of Use
Last modified: July 17, 2024
Please carefully read these terms and conditions of use (“
Terms of Use”) as they govern your access to and use of Jooice, a digital marketing technology platform provided by Webidoo Inc. (“
Jooice” or “
we” or “
us”). Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the website at jooice.com/us (our “
Site”), the Jooice platform provided through our Site, and any services we provide to you or otherwise make available through Jooice or the Site (collectively, the “
Platform”)
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform, please PROMPTLY EXIT THIS WEBSITE.
Binding Arbitration. These Terms of Use provide that all disputes between you and Client Short Name that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled
Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Client Short Name.
IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE, IN WHICH CASE THE TERM “YOU” SHALL HEREAFTER REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE HEREBY NOT PERMITTED AND MAY NOT USE THE PLATFORM (OR ANY OTHER TECHNOLOGY, SERVICES, CONTENT, OR PRODUCTS OFFERED BY WEBIDOO) IN ANY MANNER.- Ownership of the Platform
All pages, features and content within this Platform and any material made available for download are the property of Jooice, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Jooice. You shall comply with all proprietary notices contained in any Content accessed via the Platform. You must obtain our prior written consent when using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) providing archived or cached data sets containing Content to another person or entity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Jooice without our express written consent. - Access to the Platform, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”). If your particular circumstances require using Automated Action on the Platform, please contact us through email at support@jooice.com for an accommodation.
Violations of system or network security may result in civil or criminal liability. Jooice will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.
For those areas where access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password or other login credentials and authorization as created by you in accordance with Jooice’s requirements. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Jooice at any time with or without cause. You agree to defend, indemnify and hold Jooice, Webidoo Inc and its affiliates, subsidiaries or holdings harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Jooice arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password. - Platform Subscription
Jooice grants to you and your End Users a non-exclusive, non-transferable, non-sublicensable subscription to access and use the Platform in accordance with these Terms of Use for your internal business purposes. For purposes of these Terms of Use, “End Users” means yours employees and contractors, as applicable, providing services to you who are authorized to access and use the Platform on your behalf. You are responsible and liable for all use of and access to the Platform by your End Users.
Jooice and Webioo Group companies reserve all rights in and to the Platform that are not expressly granted to you under these Terms of Use. These Terms of Use will govern any content, materials, or services accessible from or purchased within the Platform as well as upgrades provided by Jooice that replace or supplement the original Platform or functionality thereof, unless such upgrade is accompanied by a new or revised agreement. You may not transfer, redistribute or sublicense the Platform. You shall not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Platform). - Subscription Limitations
You and your End Users may only use the Platform as described in these Terms of Use and in the then-current documentation, specifications, and instructions regarding the Platform, including online help screens contained within the Platform, made generally available by Jooice to its customers and modified from time to time (the “Documentation”). You are solely responsible for ensuring your use of the Platform is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations. You are responsible for ensuring its End Users comply with these Terms of Use, and any failure to comply by an End User will constitute a breach by you. Except as expressly authorized by these Terms of Use, you will not, and will not allow any End User or other third party to, (a) permit any third party to access or use the Platform other than an End User, (b) decompile, disassemble, modify, translate, distribute, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Platform, except to the extent expressly permitted by applicable law, (c) rent, sell, or lease any rights in the Platform in any form to any person, (d) use the Platform to develop a competing product or service or build a product using similar ideas, features, functions, or graphics of the Platform, including for the purposes of training a machine learning, artificial intelligence (AI) system or large language model, (e) use the Platform, or allow the transfer, transmission, export, or re-export of the Platform or portion thereof, in violation of any export control laws or regulations administered by the U.S. Commerce Department or any other government agency, or (f) remove, minimize, block, or modify any copyright, trademark, proprietary rights, disclaimer, digital watermark, or warning notice included on or embedded in any part of the Documentation or Platform, including any screen displays, or any other materials provided by Jooice hereunder. You may not access the Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose. You may use the Platform only for internal business purposes and you shall not: (i) run any auto-responder or send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates a third-party’s privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; or (v) attempt to gain unauthorized access to Platform or its related systems or networks. You must hold the Platform and any Documentation and other material provided to you by or through Jooice in strict confidence for your own internal use only. Under no circumstances will Jooice be liable or responsible for any use, or any results obtained by the use, of the Platform in conjunction with any content, services, software, or hardware that are not provided by Jooice. All such use will be at your sole risk and liability. Jooice reserves the right to modify the Platform for any reason, without notice and without liability to you or any End User, including to comply with applicable law. - Account Set-Up and User Information
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Site and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Jooice has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Jooice may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account. - Purchases
You may elect to purchase additional features or functionality for the Platform. You agree to pay all fees associated with purchases made through the Platform. All fees are non-refundable, non-cancellable. If a credit or debit card, or bank account (“Charge Account”) is being used for a transaction, Jooice may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the Charge Account you designate during the setup process. If you want to designate a different Charge Account or if there is a change in your Charge Account, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making payments that (i) any Charge Account you supply is true, correct and complete, (ii) charges incurred by you will be honored by your Charge Account, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the Charge Account is maintained and you are authorized to make a purchase or other transaction with the relevant Charge Account. - Location-Enabled Features
Certain location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind. - Support for Site and Platform; Functionality
All questions and requests relating to support of the Platform must be directed to Jooice. We may change or remove functionality and other features of the Platform at any time, without notice. - Accuracy and Integrity of Information
Although Jooice attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Jooice so that it can be corrected. Jooice reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Jooice will have no responsibility or liability for information or Content posted to the Platform from any non-Jooice affiliated third party. - Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error on the Site or Platform, or error in pricing information received from our suppliers or other third parties, we have the right to refuse or cancel any orders placed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. - Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and, if applicable, your free trial has concluded. Some situations that may result in your order being canceled include limitations on availability, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. - Online Payments
You can purchase products and/or services on the Platform. We accept credit and debit cards issued by U.S. banks. If a debit or credit card account is being used for a transaction, Jooice may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card Jooice or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. - Automatic Renewal Subscription Terms
We may charge a subscription fee for our Platform. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by visiting our Cancellation page. If you cancel your subscription, your account’s access to our Platform will automatically end at the end of your current billing period. Jooice may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from access to the Platform prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is cancelled for any reason, you will need to resubscribe in order to access our Platform. - Export Policy and Restrictions
You acknowledge that the products and Content which are sold or licensed on the Platform, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Platform, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products or service, including subscriptions to the Platform, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Jooice, Webidoo Inc and all its affiliates, subsidiaries and holdings from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations. - Links to Other Sites
Jooice makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Jooice website, please understand that it is independent from Jooice, and that Jooice has no control over the content on that website. In addition, a link to a non-Jooice website does not mean that Jooice endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk. - User Generated Content, Reviews, Feedback and other Postings to the Platform
If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Jooice that you have the legal right and authorization to provide all User Generated Content to Jooice for the purposes and Jooice’s use as set forth herein. Jooice has a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Jooice desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Jooice is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Jooice does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Platform. You grant Jooice and Webidoo Inc. the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Jooice and its affiliates, subsidiaries or holdings take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify, and hold Jooice, Webidoo Inc and all its affiliates, subsidiaries and holdings harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Jooice arising out of any User Generated Content you post or allow to be posted to the Platform. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Jooice respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Jooice’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Platform
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice ("Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." - Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Webidoo Inc.
330 N. Wabash Avenue
Chicago, IL 60611
- Indemnification
Jooice agrees to defend, indemnify, and hold you harmless from and against any third party claim arising out of Jooice’s violation of any applicable law or any claim by a third party that your authorized use of the Platform infringes that third party’s United States patent, copyright, or trade secret. You shall: (a) give Jooice prompt written notice of any claim; and (b) allow Jooice to control, and fully cooperate with Jooice (at Jooice’s sole expense) in, the defense and all related negotiations. Jooice or Webidoo Inc or its affiliates, subsidiaries or holdings shall have no obligation to indemnify you to the extent the claimed infringement arises from or is based on (i) your User Generated Content or any other data, content, material, or information input or uploaded to the Platform by you or your End Users, (ii) use of the Platform in combination with any hardware, software, products, data, or other materials not provided by Jooice, including the External Services, or (iii) violation of law or these Terms of Use by you or any End Users. If your use of the Platform becomes, or in Jooice’s opinion is likely to become, the subject of an infringement claim, you shall permit Jooice either to procure the right for you to continue to use the Platform or to replace or modify the Platform with technology of comparable quality and performance capabilities to become non-infringing. If in Jooice’s sole discretion, neither alternative is reasonably possible, Jooice may elect to immediately terminate your subscription and access to the Platform and return a prorated portion of any pre-paid, unused fees. The provisions of this Section state the sole and exclusive obligations and liability of Jooice and its licensors and suppliers, and the sole and exclusive remedy of you and your End Users for any claim of intellectual property infringement arising out of or relating to the Platform and these Terms of Use, and are in lieu of any implied warranties of non-infringement and title, all of which are expressly disclaimed. - Disclaimer of Warranties
JOOICE or WEBIDOO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THESE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. JOOICE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. FURTHERMORE, JOOICE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JOOICE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
THE PLATFORM MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT JOOICE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE MAY BE TRANSFERRED OVER THE INTERNET; AND (B) UNAUTHORIZED USERS SUCH AS HACKERS MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, PROPERTIES, COMPUTERS, OR NETWORKS. JOOICE WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. JOOICE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU, AND NOT JOOICE, ARE RESPONSIBLE FOR PRESERVING AND MAKING ADEQUATE BACKUPS OF YOUR DATA. - Limitation of Liability Regarding Use of the Platform
JOOICE, WEBIDOO GROUP COMPANIES AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF JOOICE TO YOU OR ANY THIRD PARTY WITH RESPECT TO YOUR USE OF THE PLATFORM, IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF (A) FIVE HUNDRED DOLLARS ($500) OR (B) THE AMOUNT OF THE FEES ACTUALLY PAID TO JOOICE BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. - External Services
The Platform may enable access to Jooice’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Jooice is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to location information, is for general informational purposes only and is not guaranteed by Jooice or its agents. You will not use the External Services in any manner that is inconsistent with these Terms of Use or that infringes the intellectual property rights of Jooice or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that Jooice is not responsible for any such use. External Services may not be available in all languages, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Jooice reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you. - Governing Law
Subject to Section 23 (Dispute Resolution; Arbitration Agreement) and 24 (Limitation on Time to File Claims) below, all matters relating to the Platform or and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois, without regarding for its conflicts of laws principles. - Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with the Platform, including any products or services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND JOOICEARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures then in effect, except as modified by this Section 23. The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send Jooice, by certified mail, a written notice of your claim (a “Notice”) to Webidoo Inc. 330 N. Wabash Avenue, Chicago, IL 60611. If Jooice initiates the arbitration, it will send such Notice to you in accordance with this Section. A Notice, whether sent by you or Jooice, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Jooice do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Jooice may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR JOOICE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
This arbitration clause shall survive the termination of these Terms of Use. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above. - Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. - Revisions; General
Jooice reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Jooice and you pertaining to the subject matter hereof. In its sole discretion, Jooice may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform. - Contact Us
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform.
How to Contact Us:
Webidoo Inc.
330 N. Wabash Avenue,
Chicago, IL 60611
(312) 847-1776
support@jooice.com