Terms of Service
JOGGY ENERGY, LLC TERMS OF SERVICE
Last Updated: March 9th, 2022
These Terms of Service (“Terms”) apply to your access to and use of the websites, community pages, and other online products and services (collectively, the “Services”) provided by Joggy Energy, LLC (“Joggy” or “we”). By joining the Joggy Community, in the manner provided by Joggy, including by clicking “I Accept” or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18. If you do not agree to these Terms, do not use our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
If you have any questions about these Terms or our Services, please contact us at email@example.com.
You must be at least 18 years of age to use our Services and purchase Products. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services or purchase Products. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4 Prohibited Conduct
(a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Joggy;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
(b) Enforcement of this Section 4 is solely at Joggy's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
5 Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Joggy or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Joggy and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Joggy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Joggy names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Joggy or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Joggy’s sole discretion. You understand that Joggy may treat Feedback as nonconfidential.
8 Digital Collectibles
Joggy may, as part of the Services, create or provide digital coins, tokens, badges, digital art, or other collectibles (“Digital Collectibles”). All benefits in connection with Digital Collectibles will in all instances be personal to you. You agree that you will not (a) sell, transfer, or otherwise distribute any Digital Collectibles to any third party (including, without limitation, any other users), (b) modify the Digital Collectible or its contents in any way, combine the Digital Collectible or its contents with, or embed the Digital Collectible or its contents into, any digital or other content or media, or (c) attempt to mint, tokenize, or create additional cryptographic tokens representing the Digital Collectible on any platform. Please note that Digital Collectibles are not tradeable, saleable, refundable or returnable.
9 Third-Party Content
We may provide information about or make available or use third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Joggy does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
10 Third-Party Services; Inherent Risks of Blockchain
10.1 You acknowledge and agree that certain products and rewards offered through the Services, such as Digital Collectibles, are dependent on the blockchain protocol and network services offered to you by Ava Labs, Inc. d/b/a Avalanche or another third-party blockchain and network service provider (“Blockchain Service Providers”) (collectively, the “Blockchain Services”). As part of the Blockchain Services, Digital Collectibles are respectively created and recorded on the relevant blockchain protocol and network that is outside the control of Joggy.
10.2 Technological Risks. The Blockchain Services may be adversely affected by malfunctions, congestion, bugs, defects, hacking, theft, attack, or negligent coding or design, which may result in a total loss or forfeiture of Digital Collectibles or the failure to complete your desired transaction (whether at your desired time or at all).
10.3 Legal Risks of Blockchain Technology. You acknowledge that as a new technology, the Blockchain Services are subject to many risks and uncertainties, and that Joggy is not responsible or liable for the loss of Digital Collectibles related to the functioning of Blockchain Services. Joggy is also not responsible or liable for the Blockchain Services, nor for the acts or omissions of any contributor to the Blockchain Services that may affect the digital assets. It is not a breach of these Terms if Joggy is not able to perform the Services due to unavailability of or errors by the Blockchain Services. You understand that Joggy will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Digital Collectibles, however caused.
10.4 JOGGY DISCLAIMS ALL LIABILITY OF ANY KIND RELATING TO THE ACTS OR OMISSIONS OF THIRD PARTIES THAT ARE OUTSIDE THE CONTROL OF JOGGY, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO THE BLOCKCHAIN SERVICES.
11 Terms of Sale
The Term of Sale set forth in this Section 11 apply to the purchase of beverages and other consumable products and merchandise using our Services (“Product”). By purchasing a Product via our Services, you accept and agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not purchase Products via the Services or from stores that carry our Products.
11.1 Order Eligibility
To complete your purchase, you must be (a) at least eighteen (18) years of age and (b) have a valid billing and shipping address within a state or country that can be selected for the billing and shipping addresses as part of the checkout process on the Services. For more details on shipping, please see our Shipping & Returns policy.
11.2 Product Availability, Display, and Specifications
Details of Products available for purchase are set out on our Services. All features, content, descriptions and prices of our Products described or depicted on the Services are subject to change at any time without notice. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Services. For example, Products included on the Services may be unavailable or may have different attributes than those listed. We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Packaging and labeling may vary from that shown and may contain more and/or different information from that shown on the Services. You should not solely rely on the information presented on the Services and should always read labels, warnings, and directions for safe use on the labeling and package you receive before using any of our Products.
11.3 Purchase Restrictions and Quantity Limits
You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
11.4 Order Process; Errors
You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will send you an email acknowledging your order shortly after you place it, and our acceptance will be complete at the time we send such email. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss in any Products you purchase pass to you when the shipping carrier receives the goods from Joggy. Shipping options and availability of promotions like free shipping may not be available for all locations or address types. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Services or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Prices shown on the Services exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping bag is shown at the current price. All prices on the Services are subject to change at any time without notice.
The Services give you several payment options. We reserve the right to change the payment options we offer at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide payment method information or other information necessary to facilitate payment for your order, you represent that (a) you are the authorized user of the payment method that is used to pay for our Products, (b) the payment method information you supply is true, correct and complete, (c) charges incurred by you will be honored by your payment method Joggy, and (d) you will pay charges
incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order or can be issued as store credit if you select that option.
11.7 Joggy Subscriptions
You may enroll in a Joggy subscription to access the Joggy Products. Recurring subscriptions may be made available on either a monthly or a yearly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Subscription Fee”). You agree that your subscription is continuous until you cancel it and that you will be charged the Subscription Fee both (i) at the beginning of the Subscription Period and (ii) at the beginning of each subsequent Subscription Period until you cancel. YOU HEREBY AUTHORIZE JOGGY TO AUTOMATICALLY CHARGE THE SUBSCRIPTION FEE TO YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY PAYMENT METHOD YOU HAVE SELECTED, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST FORTY-EIGHT (48) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. All Subscription Fees are fully earned upon payment.
If the Subscription Fee changes, Joggy will notify you at least thirty (30) days in advance of the next Subscription Period. If you do not want to pay the new Subscription Fee, you must cancel your subscription at least forty-eight (48) hours before the end of the current Subscription Period.
If you used a promo code, coupon code, or other discount to sign up for a subscription, your subscription will automatically renew at the end of the coupon period. Joggy will automatically charge your payment method on file, and you will be responsible for payment of the then current full Subscription Fee.
11.8 Free Trials
Your subscription may start with a free trial. The specific terms of any free trial will be provided in the marketing materials describing the free trial, at registration, or at checkout. We reserve the right, in our reasonable discretion, to determine your free trial eligibility and to modify or cancel the terms offered for our free trials (on a going-forward basis for new free trials) at any time. ONCE YOUR FREE TRIAL ENDS, UNLESS YOU HAVE ALREADY CANCELED YOUR FREE TRIAL, THE SUBSCRIPTION FEE (AND ANY APPLICABLE TAXES) WILL BE AUTOMATICALLY CHARGED TO YOUR DESIGNATED PAYMENT METHOD FOR THE SUBSCRIPTION PERIOD FOLLOWING YOUR FREE TRIAL. YOUR SUBSCRIPTION WILL CONTINUE TO AUTOMATICALLY RENEW AS DESCRIBED ABOVE UNTIL YOU CANCEL IT.
11.9 Money Back Guarantee
For more details on returns, please see 11.10 Return Policy and Procedure, and our Shipping & Returns policy.
We hope that you will be pleased with the Products you purchase using our Services. However, if for any reason you decide to return a Product that you purchased via our Services, we’ll give you a full refund1 for the first purchase of one (1) bottle of each flavor. No questions asked! Please let us know within thirty (30) days of receiving your delivery.
11.10 Return Policy and Procedure
OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. For more details on returns, please see our Shipping & Returns policy. Please note that Digital Collectibles are not refundable or returnable.
Joggy will not accept returns of products purchased from other retailers (including Amazon). Any Joggy-branded products purchased from other retailers are subject to that retailer’s return policies, and Joggy disclaims any liability with respect to the return of such products. In addition, Joggy will only accept a return if the Product(s) are returned from the country where it was originally shipped by Joggy.
You are responsible for return shipping. Joggy does not take title to returned Products until the Product is received by Joggy. Once the Product has been received and processed and the Joggy determines that such Product is eligible for a return, Joggy will issue a refund to the original payment method used to purchase the Product If the Product was purchased with a Gift Card (defined below), Joggy will issue store credit for the refund amount. The refund amount will include the purchase price of the returned Product and any associated sales tax. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded.
Joggy may decline a return if the Product you send to us fails to meet any of the criteria set forth in this Section. In such case, we will not be responsible for returning that ineligible Product to you. Joggy has no obligations with respect to such ineligible Products.
This Section 12 applies specifically to your use of digital coins, tokens, badges or Digital Collectibles, (including coins and collectibles which you may receive from Joggy if you participate in daily challenges, which we call “Reps”) and our royalties program2, (“Rewards”) to redeem or gain access to certain products or services via our Services, such as discount codes, tickets to early sale access, limited product drops, gated community chats, insider access to our beta tests, special pricing, free products and/or gift cards. Any Rewards have no financial value and Rewards are not tradeable, saleable, refundable or returnable. By redeeming a Reward, you accept and agree to be bound by these Rewards Terms. All Rewards If you do not agree to the Rewards terms set forth in this Section 12, do not redeem Rewards on our Services.
Rewards may be redeemed solely for Products Joggy offers for redemption on our Services. Rewards may be redeemed only by customers who reside in the United States.
12.2 Expiration; Restrictions
Rewards do not expire. Rewards cannot be resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Rewards may not be transferred to another Joggy customer.
12.3 Returns; Risk of Loss
If a purchase made with a Reward is returned, the refund amount will be issued to the individual initiating the return via store credit. See our Return Policy for additional information. The risk of loss and title for a Reward passes to the purchaser upon electronic transmission of the Reward to the purchaser or designated recipient. We are not responsible for Rewards that are undeliverable or are not received due to customer failure to enter a valid or accurate email address.
We reserve the right to suspend or terminate your ability to purchase, receive and/or use Rewards if you violate this Section 12 or another provision of these Terms. We may also suspend, terminate, or otherwise limit access to your Rewards if we suspect fraudulent, abusive or unlawful activity associated with your purchase, account and/or your use of Rewards.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Joggy and our officers, directors, agents, partners and employees (individually and collectively, the “Joggy Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Joggy Parties of any third-party Claims, cooperate with Joggy Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Joggy Parties will have control of the defense or settlement, at Joggy's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Joggy or the other Joggy Parties.
THE STATEMENTS MADE IN CONNECTION WITH OUR SERVICES HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY DISEASE. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT, BREASTFEEDING, HAVE A MEDICAL CONDITION, OR ARE TAKING ANY MEDICATION. KEEP OUT OF REACH OF CHILDREN.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
YOUR USE OF OUR SERVICES AND PRODUCTS ARE AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES OR PRODUCTS AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, JOGGY DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE JOGGY ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES OR PRODUCTS AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, PRODUCTS, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND PRODUCTS.
15 Limitation of Liability
(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOGGY AND THE OTHER JOGGY PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF JOGGY OR THE OTHER JOGGY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE TOTAL LIABILITY OF JOGGY AND THE OTHER JOGGY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES OR PRODUCTS, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES.
(c) THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF JOGGY OR THE OTHER JOGGY PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release Joggy and the other Joggy Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
17 Transfer and Processing Data
18 Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH JOGGY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
(a) No Representative Actions. You and Joggy agree that any dispute arising out of or related to these Terms or our Services is personal to you and Joggy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Joggy seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Joggy seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Joggy waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Joggy you agree to first contact Joggy and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Joggy by email at firstname.lastname@example.org or by certified mail addressed to Attention: Legal (4764 E Sunrise Dr, Unit #464, Tucson, Arizona 85718). The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Joggy cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Tucson, Arizona unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 18, a “consumer” means a person using the Services for personal, family or household purposes. You and Joggy agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and Joggy agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Joggy, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and Joggy agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Joggy will pay the remaining JAMS fees and costs. For any arbitration initiated by Joggy, Joggy will pay all JAMS fees and costs. You and Joggy agree that the state or federal courts of the State of Arizona and the United States sitting in Tucson, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Joggy will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by email at email@example.com or by certified mail addressed to Attention: Legal (4764 E Sunrise Dr, Unit #464, Tucson, Arizona 85718). In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
(h) If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.
19 Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Arizona, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Tucson, Arizona.
20 Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(a) The failure of Joggy to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
(b) Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
1 A full refund means the total amount you paid for up to one (1) bottle of each flavor + shipping and handling + sales tax. Repeated refund requests from the same customer are not allowed. This refund policy applies to orders placed on getjoggy.com only and it is subject to change without notice. 2 As described in our Joggy FAQ.