Terms of Service

Effective September, 28 2022

Terms

The terms “Joy Systems,” “we,” “us” and “our” refer to Joy Systems, Inc.  Use of Joy Systems’ website located at www.joysystems.com (the “Site”) is subject to the following terms of use and sale (“Terms of Use”) that you affirmatively accept by using the Site and/or making purchases through the Site.  Please read these Terms of Use carefully and ensure that you understand them before you begin use or make a purchase. If you do not agree to the Terms of Use, you should not use the Site or otherwise make purchases through the Site.

THESE TERMS EXEMPT JOY SYSTEMS AND OTHERS FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

JOY SYSTEMS MAY UPDATE THESE TERMS OF USE AT ANY TIME, IN ITS SOLE DISCRETION. EACH TIME YOU USE THE SITE, THESE TERMS, AS THEY THEN READ, WILL GOVERN YOUR USE. IN THE EVENT OF AN UPDATE, YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES AS INDICATED BY THE EFFECTIVE DATE ABOVE, SIGNALS YOUR UNDERSTANDING OF, AND AGREEMENT TO, SUCH CHANGES.  

Ability to Accept Terms of Use.

The Site is intended for use only by individuals who are at least 18 years old and by using the Site you represent that you are at least 18 years old.  If you are consenting to these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to consent to these Terms of Use on behalf of the entity.

Scope

These Terms of Use are intended to supplement and not to replace existing agreements between customers and Joy Systems regarding product and services purchases. To the extent any additional documents containing additional guidelines or terms are issued or provided by Joy Systems in connection with a particular purchase, those additional guidelines or terms are incorporated herein and shall govern to the extent of an express conflict with a provision herein.

Use of the Site is done at user discretion and at your own risk.  Joy Systems is not responsible for any harm that may result or arise out of the use of the Site.

To login to the Site to view order status or to register items, you will be asked to create an account by supplying an e-mail address and password.  You may also be asked to provide other information to utilize all features of the Site including providing your name and location information.

All users are responsible for keeping their account access credentials confidential and must not disclose them to third parties. You are solely responsible for any use of the Site that is enabled by means of your access information, even if it is unauthorized.  If you suspect unauthorized activity or a security breach, you must notify Joy Systems immediately at service@joysystems.com or by telephone at 732-907-1593.

You may not provide a false e-mail address or impersonate any person or entity, or otherwise provide misleading information in connection with your use of the Site. You warrant that you have full authorization and right to provide any information given to Joy Systems by you and you warrant that (i) such information was not collected, generated, compiled, or obtained in any manner that would subject Joy Systems to legal or regulatory liability for the use as contemplated herein; (ii) the data does not infringe any rights of any third party; and (iii) there are no material suits, claims, charges or proceedings currently pending or threatened against you relating to the data.

You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and that you are not listed on any U.S. Government list of prohibited or restricted parties.  

Use of the Site

The content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of Joy Systems, its parents, affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.

Materials on the Site or obtained through the Site may not be used as part of any service or product offerings to third parties.  Improper use of information and improper use of any hardware or software with the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited.  You may not interrupt or attempt to interrupt the operation of the Site in any way and Joy Systems reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice.  Termination of access or use of the Site will not waive or affect any right or relief to which Joy Systems may be entitled at law or in equity.

All remarks, suggestions, ideas, graphics, or other information communicated to Joy Systems through or in relation to the Site (other than personally identifiable information or trademarked or confidential information of the providing party) will forever be the property of Joy Systems. Joy Systems will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to the submitter or to any other person. Joy Systems will not incur any liability as a result of any similarities that may appear in its future business operations, services or products.  By submitting unsolicited submissions to Joy Systems the submitter waives the right to make any claim against Joy Systems relating to the submission.

Any use of information obtained from the Site by Joy Systems will be consistent with the Joy Systems Privacy Policy located on the Site and the terms of any other applicable agreements between you and Joy Systems.  Possible evidence of use of the Site for illegal purposes may be provided to law enforcement authorities.  

Joy Systems may from time to time develop patches or fixes or may find it necessary to install updates, upgrades and other modifications to the Site. These may from time to time be automatically installed without providing any additional notice or receiving any additional consent and you consent to this automatic update.  Use of the Site may be compromised in the event all needed updates are not properly processed.

Disclaimer

USE OF THE SITE IS AT YOUR SOLE RISK.  TO THE GREATEST EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  JOY SYSTEMS RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, JOY SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE WILL BE VIRUS-FREE OR FREE OF GLITCHES OR BUGS; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOY SYSTEMS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW IS LIMITED IN DURATION TO 30 DAYS FROM THE EVENT GIVING RISE TO THE WARRANTY.

LIMITATION OF LIABILITY

YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED USING THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR THE USE OF THE SITE IS AT YOUR SOLE RISK AND DISCRETION.

JOY SYSTEMS, ITS PARENTS, AFFILIATES, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JOY SYSTEMS OR ANY OF ITS AFFILIATES OR BUSINESS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE UNLESS OTHERWISE STATED HEREIN. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, SOFTWARE GLITCHES OR BUGS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF USE OF ANY RECORD OR DATA, BUSINESS INTERRUPTION; DEFAMATION, DISPARAGEMENT, PERSONAL OR BODILY INJURY, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT JOY SYSTEMS AND ITS PARENTS, AFFILIATES AND BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER.  TO THE EXTENT DAMAGES ARE RECOVERABLE AGAINST JOY SYSTEMS, THE MAXIMUM AMOUNT OF DIRECT DAMAGES RECOVERABLE FOR ALL EVENTS, ACTS OR OMISSIONS OF JOY SYSTEMS HEREUNDER OR OTHERWISE, EXCLUDING EVENTS INVOLVING FRAUD OR WILLFUL MISCONDUCT, SHALL NOT EXCEED THE TOTAL CASH AMOUNT PAID BY YOU TO JOY SYSTEMS (AND NOT REFUNDED) IN THE THEN-PRECEEDING 12 MONTH PERIOD.

USERS OF THE SITE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR ANY PURCHASES MADE VIA THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON (I) HOW LONG AN IMPLIED WARRANTY LASTS, (II) THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR (III) SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY. If these limitations as written are not permitted by applicable law, they shall apply to the extent permitted by applicable law.

Accuracy, Completeness and Timeliness of Information

Although Joy Systems makes reasonable efforts to ensure that all information included on the Site is correct, accuracy cannot be guaranteed, and Joy Systems does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information on the Site. Information obtained via the Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

Links

The Site may contain links to other websites/applications which are provided only as a convenience and as an additional avenue of access to the information contained therein. Joy Systems has not necessarily reviewed all of the information on the other websites/applications and is not responsible for the content of any other websites/applications, or information, material, products or services that may be offered through any of these other websites/applications. Inclusion of links to other websites/applications should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites/applications. Joy Systems is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites/applications referenced on the Site.

Intellectual Property

Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to you to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein.  The receipt of information and/or material included on the Site, is conditioned on your prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information.  Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, or software obtained from the Site, is expressly prohibited.  Joy Systems, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights.  Joy Systems neither warrants nor represents that the use of information and/or material from the Site will not infringe the rights of third parties not affiliated with Joy Systems.  Joy Systems reserves all rights not expressly granted in and to the Site.

Joy Systems respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others.  If you believe that the Site has infringed your intellectual property rights, please notify Joy Systems and provide the following information:

  • An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
  • A detailed description of the material that you claim is infringing, so that Joy Systems may locate it.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
  • A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Please send the foregoing to the following address:

Joy Systems

101 cottontail LN

Somerset NJ, 08873

Third Party Products

Any software, services, goods or other products or technology that are provided by a third party, or that are provided by Joy Systems but are: (i) identified by Joy Systems with a brand name or logo that is not a Joy Systems brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party.  Your dealings with any third-party regarding products or services found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. To the fullest extent permissible under applicable law, you agree that Joy Systems shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on the Site.

Filtering

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Transactions

When you purchase any product made available through the Site or from Joy Systems you may be asked to supply information relevant to the transaction including, without limitation, name, credit card information, billing address, e-mail address, telephone number and shipping information. 

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. 

By submitting this information, you grant Joy Systems the right to provide such information to third parties in order to complete any transaction. You authorize Joy Systems and its third party payment processing company to complete transactions by charging your designated method of payment for products purchased.  Payments will be subject to the third-party processing service’s account agreement, terms of use and privacy policy.  Payment in full is required before a product will be shipped, unless otherwise expressly agreed by Joy Systems in writing.  In the event that a payment is permitted to be made in installments or otherwise remains outstanding, to the fullest extent permissible under applicable law, you agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by applicable law. All deposits made by you for purchases are non-refundable, unless prohibited by law. To the fullest extent permissible under applicable law, you hereby grant to Joy Systems a purchase money security interest in all goods purchased from Joy Systems, and in any proceeds thereof, to secure the unpaid purchase price of such goods, if any. Upon request by Joy Systems you agree to sign any document required to perfect such security interest. Payment in full for the total of the purchase price as shown on the invoice shall release the security interest on the invoiced goods. At any time that an amount is due to Joy Systems under an order on account, it shall have the right, without prior notice, to the fullest extent permissible under applicable law, to set off and apply any amounts otherwise owed by it to you, to any amounts owed to it by you. In the event of default, Joy Systems reserves the right to demand that the entire unpaid balance under your order on account be paid immediately. If you are in default and Joy Systems refers your account to an attorney and/or collection agency for collection, you will be responsible to pay the costs associated with such collection.

All descriptions, images, features, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. The inclusion of any products on the Site does not imply or warrant that these products will be available. Joy Systems makes a conscientious effort to describe and display products accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and Joy Systems may experience delays in updating information on the Site. Joy Systems apologizes for any inconvenience. Attempts to display the colors of merchandise shown on the Site is done as accurately as possible. However, because an electronic device’s display may vary the colors shown, Joy Systems cannot guarantee that it will accurately depict the actual color of the merchandise.

While Joy Systems strives to provide accurate pricing information, unintentional pricing or typographical errors may occur. Joy Systems reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. Joy Systems is unable to issue price adjustments due to manufacturer price changes after date of original sale. In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, or if an item is determined to no longer be available or deliverable, Joy Systems shall have the right, to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If a credit card has been charged for any order subsequently cancelled, a credit will be issued to the credit card as the sole and exclusive remedy, unless prohibited under applicable law. Delivery dates are estimates and are not guaranteed.

The fees listed in connection with product listings do not include any taxes or duties of any kind which may be imposed by any governmental entity on the transactions contemplated and you will be solely responsible for all such taxes. All amounts are quoted in and payable in US dollars. All sales are final.  You will not receive a refund for non-use of any products purchased via the Site.

It is each user’s responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the receipt, possession, and use of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Joy Systems reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; or (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion. You agree to pay all charges that may be incurred by you through the Site, at the price(s) in effect when such charges are incurred. Purchases for resale or international export are prohibited. Joy Systems does not accept orders from computer dealers, exporters, wholesalers, or others who intend to resell the goods, unless otherwise expressly agreed in writing by Joy Systems.

Acknowledgment of an order means that the order request has been received; it does not mean that the order has been accepted or shipped or that the availability of an item has been confirmed. When an order is accepted and shipped, it will be shipped to an address designated by you as long as that shipping address is a deliverable address. Risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Indemnification

Any software, services, goods or other products or technology that are provided by a third party, or that are provided by Joy Systems but are: (i) identified by Joy Systems with a brand name or logo that is not a Joy Systems brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party.  Your dealings with any third-party regarding products or services found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party. To the fullest extent permissible under applicable law, you agree that Joy Systems shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on the Site.

Confidentiality

The privacy of all users must be protected at all times.  Joy Systems will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Site.    You agree that Joy Systems is not responsible for any harm as a result of a security incident arising from use of the Site unless the incident resulted from Joy Systems’ failure to properly implement and maintain commercially reasonable security measures.

Jurisdiction

The Site is controlled by Joy Systems from its offices located within the United States of America and has been designed to comply with the laws of the United States. Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act (“FAA”). To the extent State law is applicable under the FAA, the laws of the State of New Jersey govern these Terms of Use and use of the Site, without regard to conflict of laws principals. The statute of limitations of the State of New Jersey shall be strictly enforced. The laws of the State of New Jersey shall also apply to any dispute involving the Site, these Terms of Use or any transaction made or product or service ordered from the Site that is not subject to arbitration. The Site is not intended for use outside of the United States and products offered on the Site are not intended to be marketed to residents of countries outside the United States.  If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, or any transaction made, or product or service ordered, shall be submitted to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction.  Any such arbitration shall be administered by the AAA under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

ARBITRATION WILL BE DECIDED ON AN INDIVIDUAL BASIS, AND NOT A CLASS-WIDE OR MULTIPLE PLAINTIFF BASIS OR IN ANY ACTION WHERE ANY PARTY HERETO ACTS IN A REPRESENTATIVE CAPACITY UNLESS PROHIBITED BY LAW.  

It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek a modification of, the arbitration award, is strictly limited by law

The arbitration will be before a single arbitrator. The place of arbitration will be Mercer County, New Jersey, United States of America. It is understood, acknowledged, and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. The parties will each pay their required share of the costs of arbitration. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

Notwithstanding the foregoing, either party may seek injunctive relief from an appropriate state or federal court located in New Jersey prior to or during the arbitration, may file suit in a court of law to address intellectual property infringement claims, and may bring individual actions in small claims court.  Joy Systems may also assign your account for collections and a collections action with respect to past due amounts owed may be instituted.

For all disputes you wish to initiate, you must first send a written description of your claim to Joy Systems’ Customer Service department. You can contact the Customer Service department by email at service@joysystems.com or the physical address listed herein. We each agree to negotiate in good faith to settle your claim or dispute. If we do not reach an agreement within 30 days, you may pursue your claim in arbitration, or in small claims court as described above.

You may choose to opt-out of this arbitration provision for disputes with Joy Systems if done in writing within 30 days of the activation of your account (or 30 days after any published change to these Terms of Use) via electronic mail at service@joysystems.com or via mail to the address listed herein.

Electronic Communications and Signatures

Visiting the Site, sending Joy Systems emails and messages, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Joy Systems provides to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY JOY SYSTEMS OR VIA THE SITE. 

Unless prohibited by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You may opt-out of receiving electronic communications at any time by following the opt-out instructions contained therein.

Entire Agreement

These Terms of Use along with the agreements referenced herein between you and Joy Systems, including any sales receipts or documents accompanying a purchase, constitute the entire Agreement and supersede all prior agreements, negotiations, representations, and proposals, written and oral, relating thereto.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force.  In the event any provision is found by an arbitrator or court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written, it may be reformed to the extent necessary to make it reasonable and enforceable.

No Assignment

You and any individual or entity you represent may not assign these Terms of Use or the rights and obligations hereunder without the express prior written consent of Joy Systems, which may be withheld in Joy Systems’ discretion.  Joy Systems may assign these Terms of Use and its rights and obligations hereunder without your consent.

Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

How to Contact Us

Questions or comments about these Terms of Use or the Site may be directed to: service@joysystems.com

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