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Terms And conditions

JOYN Power Terms of Service

Welcome to www.joynpower.com (together with its subdomains, application, Content, Marks and services, the “Site”).  Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to JOYN Power Ltd. ("JOYN”, "we", "our" or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms").  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not access or use the Site.  

1.            Background.  The Site provides an online platform that enables the owners of electric vehicle charging stations (such owners, “Hosts” and such stations, "Devices", respectively) to create listings for their Devices (“Listings”) that advertise the availability by Reservation (as defined below) of Devices for use by other electric vehicle users (“Users”) seeking to charge their own electric vehicles (each such Host's services, the "Services"). A User will use the Site to book, use and pay for the relevant Services. JOYN DOES NOT ITSELF PROVIDE THE SERVICES AND IS NOT RESPONSIBLE FOR THE SERVICES PROVIDED BY HOSTS. JOYN HAS NO CONTROL OVER THE CONDUCT OF HOSTS AND USERS AND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE SERVICES.

2.            Modification.  We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

3.            Ability to Accept Terms.  The Site is only intended for individuals aged thirteen (18) years or older.  If you are under 18 years please do not visit or use the Site. By accessing or using the Site, you represent and warrant that you are eighteen (18) years old or older.

4.            Site Access.  For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.

5.            Restrictions and Responsibilities. 

5.1.        You shall not, directly or indirectly, nor shall you attempt, or permit or encourage any third party to: (i) copy, distribute or modify any part of the Site (including any Content, as defined below) without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; (vii) contact another User through use of the Site, or whom you have identified through the Site, for any purpose other than asking a question related to the Services; (viii) promote third-party services, products or websites on the Site, or otherwise send unsolicited or unauthorized commercial communications, or recruit or otherwise solicit any User through use of the Site, or whom you have identified through the use of the Site, to join third-party services or websites; (ix) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, either on or through the use of the Site or in communication with a User whom you have identified through the Site; (x) make false claims or representations to JOYN with respect to any User; (xi) use the Site to find a Host and then complete a Reservation independent of the Site or in any manner intended to circumvent the obligation to pay any fees payable under these Terms in connection with use of the Site or accept or pay fees (defined below) for such Reservation other than through JOYN; (xii) confirm or make any Reservation that you do not intend to honor, which you intend to cancel or which is for an event which does not exist or is not being planned; and/or (xiii) violate any applicable law in connection with your use of the Site, your interaction with Users or any Reservation.

5.2.        You are responsible and liable for your own acts and omissions related to the provision of Services by Hosts and the use of and access to any Device, or other Services of the Host. For example, and without limiting the generality of the first sentence, this means: (i) Users are responsible for leaving a Device (and related personal property) in the condition it was in when you arrived, (ii) Users are responsible for paying all reasonable damage claim amounts necessary to cover damage that you or your electric vehicle cause to a Device, and (iii) Users and Hosts must act with integrity, treat others with respect, and comply with applicable laws at all times.

6.            Account.  In order to use some of the services of the Site, you may have to create an account ("Account").  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you must provide accurate and complete information.  Certain portions of your Account information will become part of your public profile when using the Site, as will be indicated by the Site when you create your Account. For more information on how we use your Account information, please see our Privacy Policy, available at www.JOYN.com/privacy.You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify JOYN immediately of any breach of security or unauthorized use of your Account.  As between you and JOYN, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to JOYN at info@JOYN.com

7.            Payments to JOYN.  Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but JOYN may in the future charge a fee for certain access or usage.  You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.

8.            Reservation and Payment.

8.1.        Reservation. When a User requests to reserve a Host’s Services for a particular date and time ("Reservation") and a Host accepts such Reservation, either manually or automatically (depending on the Host’s personal settings), a contract  between the User and the Host is created for the provision and receipt of the Services (each, a "Booked Reservation"), for which the User agrees to pay the Host Fee and the Reservation Fee (defined, respectively, below), all subject to these Terms. A User may revoke a Reservation at any time prior to acceptance of the Reservation by the Host.

8.2.        Host Fee. If you are a Host, you may set the fee you charge for the use of your Device ("Host Fee"). Once the Host Fee has been set, you may only change it by submitting a request to JOYN, which will be approved and implemented (or denied), in JOYN’s sole discretion. Once a User requests a Reservation of your Services, the Host may not request the User to pay a higher price than the fee set forth at the time the Booked Reservation is made, and in no case may the Host request a User to pay the Host Fee, or any additional amount in connection with the Reservation, other than through the Site. The Host Fee that applies to Users in connection with a Booked Reservation will be displayed on the Site and be viewable by such Users prior to completion of the Booked Reservation.

8.3.        Reservation Fee. JOYN charges a reservation fee to Users (the “Reservation Fee”) for Booked Reservations through the Site. The Reservation Fee (a) is determined by JOYN, in its sole discretion, (b) may vary based on the price charged by the Host, and (c) is subject to change at any time (but any such changes will not apply retroactively to a Booked Reservation).  The Reservation Fee that applies to Users in connection with a Booked Reservation will be displayed on the Site and be viewable by such Users prior to completion of the Booked Reservation. The Reservation Fee will be added to the Host Fee that Users will be required to remit to JOYN, as further described in Section ‎‎8.5 (Payment Terms) below.

8.4.        JOYN as Agent for Collection. Host Fees shall be remitted by Users to JOYN. If you are a Host, you hereby (i) appoint JOYN to collect payments owed to you in connection with Reservations as your limited collection agent for the purpose of collecting Host Fees from Users; and (ii) agree that collection of Host Fees by JOYN from a User shall be deemed payment to you by the User and that you will provide your Services to the User in accordance with the Booked Reservation. JOYN will transfer the Host Fees (less the applicable Taxes (defined below) collected by JOYN) to you by the means specified in your Account.

8.5.        Payment terms. If you are a User, you agree to pay the Host Fee and the Reservation Fee by transferring to JOYN the amounts due and any applicable Taxes at the time the Reservation is accepted by the Host and becomes a Booked Reservation. Host Fees and Reservation Fees are to be paid in the local currency where the Services take place.

8.6.        Taxes.  Amounts payable by Users under these Terms are exclusive of all applicable sales, use, consumption, VAT, GST, and other taxes, duties or governmental charges, except for taxes based upon JOYN’s net income ("Taxes").  If you, the User, are required by law or otherwise, to withhold or deduct any amount from the sum payable by you, then the sum which you must pay, upon which the deduction or withholding is based, must be increased so that, after all deductions or withholdings, JOYN receives a net amount equal to the amount that would have been paid if such deductions or withholdings were not required.

8.7.        Tax Requests. You agree to comply with all of JOYN’s requests for information and to fill out and provide JOYN with all applicable tax forms and declarations as may be required by JOYN to comply with its obligations under applicable law or as requested by an applicable governmental authority. In certain jurisdictions, tax regulations may require that JOYN collect and/or report tax information about Hosts, or withhold taxes from payouts to Hosts, or both. If Hosts fail to provide JOYN with documentation that JOYN determines to be sufficient to support any such obligation to withhold taxes from payouts to Hosts, JOYN may withhold payouts up to the amount as required under applicable law, until sufficient documentation is provided. Hosts agree that JOYN may issue on behalf of Hosts invoices or similar documentation for VAT, sales tax, consumption or other Taxes for Hosts’ Services to facilitate accurate tax reporting by Hosts.

8.8.        JOYN Wallet and JOYN Coin. Users may receive promotional coins or tokens from JOYN (“JOYN Coin”), for use in accordance with the terms of the applicable promotion. Users and Hosts can access and view their balance, purchase, transfer and/or redeem their JOYN Coin at any time through the use of their personal, online wallet found on the JOYN Site.  For more information regarding JOYN Coin please see our promotional policy [here].

8.9.        Third Party Payment Processors. JOYN accepts and makes payments using third-party service providers, such as PayMe, as may be available on the Site (“Payment Processors”). All payments are subject to the fees charged by, and the terms and conditions of, such Payment Processors. JOYN is not responsible for any delays in, or withholding of, payment by Payment Processors.

8.10.     Set off. If you owe any amount to JOYN, a Host or User, then you agree that JOYN may deduct or withhold such amount from any amount JOYN has collected for you, or would otherwise transfer or pay to you.

 

 

8.11.     RESPONSIBILITY. JOYN IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY HOST OR USER OR FOR YOUR COMPLIANCE WITH ANY AGREEMENT, INCLUDING THESE TERMS, OR APPLICABLE LAW. IF YOU ARE A HOST, YOU UNDERSTAND AND AGREE THAT JOYN DOES NOT ACT AS YOUR CONTRACTING OR RESERVATION AGENT, AND JOYN DOES NOT ENDORSE OR VERIFY THE IDENTITY OF, OR INFORMATION ABOUT OR PROVIDED BY, ANY USER. IF YOU ARE A USER, YOU ACKNOWLEDGE AND AGREE THAT: (I) JOYN DOES NOT ENDORSE, CONTROL, EMPLOY, OR SUPERVISE ANY HOST, THE INFORMATION OR CONTENT PROVIDED BY THE HOST, INCLUDING WITHOUT LIMITATION INFORMATION OR CONTENT APPEARING AS PART OF THE APPLICABLE LISTING, AND HOST'S PROFILE; AND (II) THE HOST IS NOT AN EMPLOYEE OR AGENT OF JOYN AND IS NOT CONTRACTED BY JOYN TO PROVIDE THE SERVICES.

8.12.     Discounts. To the extent any special offers are made or discounts are offered to you by JOYN in connection with the creation of your Account, or if you are a User, in connection with a Reservation Fee, or which are otherwise made or offered, such offer or discount shall apply solely for the period and according to the provisions of the terms and conditions contained in or presented with such offer or discount and shall be subject to these Terms.

8.13.     Not-for-Profit Activities. The Site may enable Hosts to offer Services without compensation by the applicable User. In such a case, JOYN may elect (in its sole discretion) not to charge a Reservation Fee to the User.

8.14.     Expenses. JOYN is not responsible for any travel, per diem, or other expenses incurred by either party in connection with a Reservation or Booked Reservation ("Expenses").

8.15.     User Disputes. JOYN reserves the right to, and you agree that JOYN may, monitor any disputes regarding a Reservation or Booked Reservation or the subject matter thereof (and you shall update JOYN regarding any such disputes), and, in its sole judgment, charge, deduct or return amounts received or paid by you, as necessary, in its sole discretion, to resolve the dispute. Please view our dispute policy [here].

9.            Cancellations and Refunds.  

See our Cancellation and Refund Policy [insert link here] for all information regarding cancellations and refunds of the JOYN services.

10.         Intellectual Property Rights. 

10.1.     Content and Marks.  The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of JOYN and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “JOYN”, the JOYN logo, and other marks are Marks of JOYN or its affiliates.  All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content. 

10.2.     Use of Content.  Content on the Site is provided to you for your information and personal use only  and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

11.         Submissions.

11.1.     Responsibility.  The Site may permit the submission, hosting, sharing and publishing of Content by Hosts and Users ("Submissions").  You understand that whether or not such Submissions are published, we do not guarantee any confidentiality with respect to any Submissions.  You shall be solely responsible for your Submissions and the consequences of posting, publishing or uploading them.  We have complete discretion whether to publish your Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including Submissions) at any time and for any reason.

11.2.     Ownership.  You represent and warrant that you own or have the necessary rights and permissions to use and authorize JOYN to use all Intellectual Property Rights (defined below) in and to your Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms.  Unless the Submissions are separately referred to, all references herein to Content shall include references to Submissions.  "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  You retain all of your ownership rights in and to your Submissions. 

11.3.     License to Submissions.  By submitting the Submissions to JOYN, you hereby grant JOYN a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and JOYN's business, including without limitation for publishing and redistributing part or all of your Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your Submissions, to the extent permitted by law.  You also hereby grant each user of the Site or other viewer or user of the Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions, all in accordance with these Terms.

11.4.     Prohibited Content.  You agree that you will not display, post, submit, publish, upload or transmit a Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

11.5.     Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to Submissions from a variety of sources, and that JOYN is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such Submissions; and (ii) you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against JOYN with respect to (i) and (ii) herein.

11.6.     Spam.  You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

11.7.     Messages. If the Services enable a User or Host to send another User or Host messages ("Messages", where the sender of a message is the “Sender” and the recipient of a message is the “Recipient”), the Sender is solely responsible and liable for the content of its Messages, for the manner in which the Sender sends them, for the timing of sending them, and generally for the consequences of sending them (for example, the Sender shall ensure that Messages do not violate any applicable laws relating to privacy, anti-harassment, or anti-spamming). For clarity, Messages shall be considered a Submission and all applicable obligations including the restrictions in Section ‎11.4 (Prohibited Content) shall apply. Sender agrees to (and hereby does) hold Company harmless, and expressly and irrevocably releases Company, from any and all responsibility or liability arising from Messages that the Sender sends. You agree that in certain instances you may receive Messages while using the Site's services and hereby consent to being such a Recipient. 

12.         Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

13.         Links. 

13.1.     The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by JOYN.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release JOYN from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

13.2.     JOYN permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with JOYN or present any false information about JOYN and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

14.         Privacy.  We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.JOYN.com\privacy.  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

15.         Copyright Policy.  It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: www.JOYN.com\copyright ("Copyright Notice").

16.         Warranty Disclaimers.

16.1.     This section applies whether or not the services provided on the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 

16.2.     THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  JOYN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  JOYN DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT JOYN WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. 

16.3.     JOYN does not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Host or Reservation and does not warrant that verification, identity or background checks conducted on Listings, Hosts or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a Host, User or Listing being "verified" (or similar language) indicate only that the Host, User or Listing or JOYN has completed a relevant verification or identification process and nothing else. JOYN does not perform any background checks of their Hosts and Users and you understand that your use of the Site and any services therein are your own risk. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

16.4.     JOYN DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. 

16.5.     YOU SPECIFICALLY ACKNOWLEDGE THAT JOYN SHALL NOT BE RESPONSIBLE FOR YOUR SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

16.6.     YOUR RELIANCE ON, OR USE OF, ANY SUBMISSION, OR INTERACTION WITH ANY USER OR HOST, IS AT YOUR SOLE RISK.  IF YOU HAVE A DISPUTE WITH ANY USER OR HOST IN CONNECTION WITH THE SITE OR ANY SUBMISSION, YOU AGREE THAT JOYN IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  JOYN RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

16.7.     EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, JOYN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

16.8.     You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Site and any Content, including your use of or provision of the Services, or any other interaction you have with other Hosts or Users whether in person or online.

16.9.     If you are a Host, you acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Site, offering Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Site and any laws, rules, regulations, or obligations that may be applicable to your Device or Services and that you are not relying upon any statement of law made by JOYN.

 

17.         Limitation of Liability. 

17.1.     TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JOYN SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS; OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE; ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF YOUR USE OF THE SITE; OR PUBLISHING OR RESERVING A LISTING, INCLUDING THE PROVISION OF OR YOUR USE OF THE HOST’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF JOYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

17.2.     IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JOYN FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED (A) TO USERS, THE AMOUT YOU PAID AS A USER DURING THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) TO HOSTS, THE AMOUND PAID TO YOU AS A HOST IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) TO ANYONE ELSE, FIFTY DOLLARS (US$50).

18.         Indemnity.  You agree to defend, indemnify and hold harmless JOYN and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your Submissions; (iii) your interaction with any User or Host, use of a Booked Reservation, participation in a Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use; (iv) your violation of these Terms; or (v) your breach of any laws (including but not limited to tax laws), regulations, or third party rights such as intellectual property or privacy rights.

19.         Resolving Complaints and Damage Claims.

For information regarding resolution of complaints and damage claims, please see our Damage Policy [here].

If a Host or User (“Complainant”) provides valid evidence that you damaged their property (“Damage Claim”), the Complainant  may notify JOYN. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to JOYN and JOYN determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, JOYN can collect the amount of the Damage Claim from you. You agree that JOYN may seek to recover from you under any insurance policies you maintain and that JOYN may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information JOYN requests, execute documents, and take further reasonable action, in connection with Damage Claims, User complaints, claims under insurance policies, or other claims related to your provision or use of Services.

 

20.         Term and Termination.  These Terms are effective until terminated by JOYN or you.  JOYN, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  JOYN shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.  This Section ‎20 and Sections ‎10 (Intellectual Property Rights), ‎11.3 (License to Submissions), ‎14 (Privacy), ‎‎16 (Warranty Disclaimers), ‎‎17 (Limitation of Liability), ‎‎18 (Indemnity), and ‎21 (Independent Contractors) to ‎24 (General) shall survive termination of these Terms.

21.         Independent Contractors.  You and JOYN are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and JOYN.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of JOYN.

22.         Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by JOYN without restriction or notification to you. Any prohibited assignment shall be null and void.

23.         Governing Law.  JOYN reserves the right to discontinue or modify any aspect of the Site at any time.  These Terms and the relationship between you and JOYN shall be governed by and construed in accordance with the laws of the State of [       ], without regard to its principles of conflict of laws.  Any claim or dispute under, or otherwise in connection with, this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in [       ].  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AND JOYN HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO LITIGATE ANY CLAIM, DISPUTE, OR CONTROVERSY UNDER THESE TERMS BEFORE A JURY.

24.         General. These Terms shall constitute the entire agreement between you and JOYN concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

Last updated:  December [ ] 2022

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