Updated: January 21, 2024
By utilizing or interacting with our digital platforms, you are consenting to be legally bound by this agreement and to adhere to its terms. If you do not agree with the terms of this agreement, please refrain from accessing or using our digital services. It’s important to note that, with few exceptions, all disagreements between you and us concerning this agreement will be resolved through binding arbitration on an individual basis, not jury trials or class action lawsuits. Only specific remedies are available to you. For more information, please refer to section 24, Dispute Resolution (Arbitration Clause and Class Action Waiver).
Our Digital Services provide a platform for vehicle listings and information services. Please note that JoJ is not a car broker, dealer, or traditional auctioneer. We do not engage in the sale, exchange, purchase, or negotiation of any vehicle listed on our Digital Services. JoJ has never held the title for any vehicle listed on our Digital Services, inspected any vehicle listed, or had any vehicle listed in its legal possession.
1. Application and Acceptance of this Agreement
This Agreement, encompassing the Terms of Use (including the binding arbitration provision detailed here), our Privacy Notice, any FAQs, and supplementary guidelines, terms, procedures, or rules applicable to specific features of the Digital Services, constitutes a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and Junk or Jewel or its affiliates (“we,” “us,” “our,” or “JoJ”). It governs your engagement with the Digital Services, whether as a “Buyer” submitting bids to purchase vehicles or other listed products and services, a “Seller” providing information for vehicle or product listings, or in any other capacity as a visitor, registrant, or user permitted under these terms. Users collectively include Buyers and Sellers. This Agreement exclusively pertains to JoJ and its affiliates and does not extend to other entities, such as third-party advertisers or sponsors on the Digital Services, or third-party platforms like social media platforms or app stores used to access the Digital Services or any Content (as defined below).
The Digital Services and Content are intended solely for general information, discussion, and entertainment purposes. “Content” encompasses information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features offered through or in connection with the Digital Services. We provide no assurances or endorsements regarding any aspect of the Digital Services and Content and disclaim any endorsement of opinions expressed by Users. THE DIGITAL SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON THEM IS AT YOUR OWN RISK. WE ASSUME NO LIABILITY FOR ANY CONSEQUENCES ARISING FROM YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT.
2. Our Role
The Digital Services encompass a platform for vehicle listings and information services. We do not create or own the items posted on the Digital Services by Sellers for Buyers to bid on. Instead, we facilitate the Digital Services, granting Users access to specific features and functionalities, such as posting vehicles and other products/services and bidding on them. Sellers are accountable for ensuring that their User Content complies with all relevant local, state, provincial, national, and other laws, rules, and regulations. They must also ensure that any goods/services promoted or described on the Digital Services are accurately represented and delivered satisfactorily. For payment processing related to purchases made on the Digital Services, if the Seller or a third party opts for a payment processing method involving a third party, we do not handle that payment transaction.
As part of the Digital Services, JoJ may aid Sellers in creating their listings, including their content, but it remains the responsibility of each Seller to ensure the accuracy of their listings.
JOJ IS NOT AN AUTOMOBILE BROKER, DEALER, OR TRADITIONAL AUCTIONEER, AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, OR NEGOTIATE INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. JOJ HAS NEVER: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (II) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (III) HAD ANY VEHICLES LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
3. Privacy Notice
Regarding your usage of the Digital Services, we may gather information directly from you or about you via the Digital Services. We will handle your information in line with our Privacy Notice, outlining our privacy protocols and providing options regarding the collection and processing of some of your information. Please take a moment to examine our Privacy Notice, as it is an integral component of this Agreement and is hereby incorporated into it.
4. Accuracy of Your Information & Communication Methods
All information you provide to us through the Digital Services, whether during account creation, registration, membership, or for any listings, must be truthful, accurate, and up-to-date. It is your responsibility to ensure the accuracy of this information. Should we determine that your information is not truthful, accurate, or current, we reserve the right to terminate, suspend, or deny you access to the Digital Services.
Regarding communication related to your use of the Digital Services (such as payment authorizations, invoices, password or payment method changes, confirmation messages, and notices), we may deliver them electronically only. This could include emails sent to the address you provided during registration, if applicable. By agreeing to this, you acknowledge that any notices, agreements, disclosures, or other communications sent to you electronically by us fulfill all legal communication requirements, including the stipulation that such communications be in writing.
5. Age Eligibility and Legal Capacity
The Digital Services are designed for use by individuals who are of legal age and capacity to enter into agreements. Specifically, the Digital Services are not intended for access or use by children, particularly those under the age of 13. If you are under 13 years old, you are prohibited from accessing or using the Digital Services or providing any information to us.
By accessing or using the Digital Services, you affirm that you have the legal capacity to enter into this Agreement and to fulfill the obligations outlined herein. If you are not of legal age to enter into contracts in your state (i.e., a minor), you must review this Agreement with your parent or guardian before using the Digital Services. If your parent or guardian does not agree with the terms of this Agreement as they apply to you, you are not authorized to access or use the Digital Services.
6. Your Account; Username, Password, and Other Credentials
(a) You have the option to create an account to access or utilize the Digital Services. It is your responsibility to maintain the confidentiality of your username, password, and any other credentials (referred to as your “Credentials”) that you may be required to generate to access the Digital Services or specific features thereof. We bear no responsibility for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to promptly notify JoJ of any actual or suspected unauthorized use of your Credentials or any other security breach. We shall not be held responsible or liable for any loss or damage arising from the unauthorized use of your Credentials or your failure to adhere to the requirements outlined in this Agreement.
(b) JoJ reserves the right, at its sole discretion, to maintain different types of accounts for various types of Users. If you establish an account to access or utilize the Digital Services on behalf of a company, organization, or other entity, then (i) “you” encompasses both you and that entity, and (ii) you confirm and warrant that you are an authorized representative of the entity with the power to legally bind the entity to this Agreement. Additionally, you agree to this Agreement on behalf of the entity.
7. Intellectual and Other Proprietary Rights
The rights granted to you in this Agreement are subject to the following restrictions:
The Digital Services contain Content that is derived, either wholly or partially, from materials owned by JoJ, JoJ’s licensors, or third parties. JoJ holds all right, title, and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights associated with the Digital Services and Content, except, if applicable, with respect to your User Content (as defined below).
You acknowledge JoJ’s valid intellectual and proprietary property rights in the Digital Services and Content and understand that your use of the Digital Services is limited to accessing, viewing, and downloading the Digital Services and Content as authorized by JoJ. This Agreement does not grant you any right, title, or interest in such intellectual and proprietary property rights or to the Digital Services or Content, or any portion thereof, beyond the limited rights expressly granted herein.
You may not directly or indirectly, through any Device or other means, remove, alter, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Digital Services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Digital Services or Content. You may not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Digital Services (including any code used in any software) or Content.
You may not copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Digital Services or Content unless expressly permitted by JoJ in writing. You may not incorporate the Digital Services or Content into, or stream or retransmit them via, any hardware or software application or make them available via frames or in-line links. Additionally, you may not surround or obfuscate the Digital Services or Content with any third-party content, materials, or branding. Furthermore, you may not use any software robots, spiders, crawlers, or other data gathering or extraction tools to access, acquire, copy, monitor, scrape, or aggregate the Digital Services, Content, or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Digital Services or its servers and infrastructure.
You may not build a business, in whole or in part, resell, redistribute, recirculate, or make any other commercial use of, or create derivative works or materials utilizing any portion of the Digital Services (including any code used in any software) or Content, whether or not for profit.
If the Digital Services or Content is made available to you via a widget, embedded player, or other technology allowing you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter any portion of such technology, digital rights management mechanism, device, or other content protection or access control measure associated with Content.
You are prohibited from disabling, modifying, interfering with, or circumventing any technology to view the Digital Services or Content without: (i) displaying visibly both Content and all surrounding elements and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
Any future release, update, or addition to functionality of the Digital Services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Digital Services content or materials must be retained on all copies thereof. Modification or use of the Digital Services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
If you provide JoJ with any feedback or suggestions regarding your use of the Digital Services (“Feedback”), you hereby assign to JoJ all rights in the Feedback and agree that JoJ shall have the right to use such Feedback and related information in any manner it deems appropriate. JoJ will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit to JoJ any information or ideas that you consider confidential or proprietary.
8. User Content
“User Content” refers to all information and materials that a User submits to or utilizes with the Digital Services, including but not limited to photos, audio, video, messages, text, files, or any content provided to us, including listings on the Digital Services, regardless of JoJ’s involvement in the listing, except for Feedback. You bear sole responsibility for your User Content, whether solicited or unsolicited. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that may personally identify you or any third party. You may not state or imply that your User Content is provided, sponsored, or endorsed by JoJ. Since you alone are accountable for your User Content, including backing up your data, you may expose yourself to liability. Under no circumstance will JoJ be liable for any inaccuracy or defect in any User Content.
By submitting User Content, you grant JoJ an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, create derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.
As we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and make no guarantees regarding its accuracy, currency, suitability, or quality. Your interactions with other Users of the Digital Services are solely your responsibility. JoJ will not be liable for any loss or damage resulting from such interactions. We are not obligated to intervene in disputes between you and other Users. We are not party to any vehicle sale contract between any Buyer and Seller on or through the Digital Services, and you are solely responsible for any interactions with other Users (including vehicle transactions). You acknowledge that other Users may post derogatory comments about your User Content, and JoJ is not obliged to monitor or delete such User Content. JoJ may remove or modify any User Content without notice or liability at any time at its sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users. JoJ shall have no liability for your interactions with other Users or for any User’s actions or inactions.
9. User Submissions
Unsolicited Submissions
By providing us with information or User Content via emails, Q&A, blogs, forums, polls, or any other user-generated submissions, you agree that we may utilize such content and may use your name and any stories you share in articles or other features published on the Digital Services or in our publications, advertising, or sponsored content. If you provide personal anecdotes, they may be attributed to you. JoJ reserves the right to edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising, or sponsored content.
Invited Submissions
Occasionally, the Digital Services may explicitly solicit submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please review any specific rules or terms and conditions associated with such Invited Submissions, as they will govern the submissions and may impact your legal rights. If no additional terms govern these submissions, then this Agreement will fully apply to any Invited Submissions you make. REGARDLESS, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. We will not compensate you for the use of any content you submit through the Digital Services, irrespective of any industry custom or practice.
10. Enforcement
If we become aware of a User’s violation of this Agreement, including the rights of any other User or third party, we may take certain remedial steps, including refusing access to the Digital Services to any person or entity and changing eligibility requirements at any time.
In instances where we identify repeated infringement of the proprietary rights of any third party by any of our Users, we may take action to terminate that User’s access to the Digital Services. We reserve the right (but are not obligated) to review information obtained from or about you and your use of the Digital Services, to investigate, and/or to take appropriate action against you at our sole discretion. Such actions may include removing or modifying your User Content, terminating your access to the Digital Services (including any User account, registration, or membership), legal action, and/or reporting you to law enforcement authorities. If JoJ chooses to modify User Content, it nonetheless assumes no responsibility for the User Content.
JoJ retains the right to investigate suspected violations of this Agreement, including without limitation, violations arising from any information obtained about you (including unsolicited or invited submissions), postings, or emails you make on or send through the Digital Services. JoJ may seek to gather information from the User suspected of violating this Agreement and from any other User. JoJ may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If JoJ, in its sole discretion, believes a violation of this Agreement has occurred, it may edit or modify any submission, posting, or emails, remove the material permanently, cancel postings, warn Users, suspend Users and passwords, terminate accounts, or take other corrective action it deems appropriate. JoJ may cooperate with law enforcement authorities or court orders requesting or directing JoJ to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS JOJ (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOJ (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JOJ OR LAW ENFORCEMENT AUTHORITIES.
11. Your Conduct and Responsible Use of the Digital Services
Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:
No Criminal or Unlawful Conduct. You may only use the Digital Services and Content for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and obligations or restrictions imposed by any third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
Your Materials Must be Lawful and Appropriate. You may not store, upload, post, transmit or otherwise distribute any unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of another person’s privacy or otherwise inappropriate User Content or other material or information of any kind. This includes material that is harmful to minors, harassing, degrading, intimidating, or hateful toward individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
Content Posted by You Must be Yours. You may not post or contribute any fraudulent or infringing content that violates the rights of any third party, including patents, trademarks, copyrights, rights of publicity, or other proprietary rights. You are solely responsible for any User Content you upload or transmit through the Digital Services.
No Collection of Personal Information from Others. You may not collect, harvest, gather, assemble or store personal information about other Users without their explicit consent, nor use such information for unauthorized solicitation.
No Bullying, Impersonation or Interference. You may not threaten, abuse, harass, or invade the privacy of any other User or third party. You may not impersonate any person or entity, or misrepresent your affiliation with JoJ or any other entity.
No System Abuse. You may not distribute software viruses or any other computer code intended to disrupt, damage, or limit the functioning of the Digital Services or any other online services. You may not interfere with servers or networks connected to the Digital Services.
No Violations of Security Systems. You may not compromise the security or tamper with, or gain unauthorized access to, the Digital Services or any other computer systems, resources or networks.
No Transmission of Fraudulent Funds. You shall not transmit potentially fraudulent funds in the course of sending payments.
No Violation of Payment Card Rules. You shall not abuse the card system or violate card association or network rules.
Cooperation. You must cooperate in any investigation and provide confirmation of your identity or any information you provide.
No Circumvention. You may not circumvent JoJ determinations about your user account, including engaging in actions such as opening new accounts when an account has been restricted or suspended.
We reserve the right to take action, including terminating this Agreement, limiting or closing your user account, refusing to provide the Digital Services to you, updating inaccurate information provided by you, or taking legal action against you, upon becoming aware of any violation of this Agreement. If we close your user account or terminate your use of the Digital Services for any reason, we will provide you with notice of our actions.
You are responsible for any damages caused by your violation of this Agreement, and you are liable for any claims, fees, fines, penalties, and other liability incurred by JoJ or any third party as a result of your breach of this Agreement or your use of the Digital Services.
12. Availability of and Modification to the Digital Services and Content
We do not guarantee that all or any portion of the Digital Services or any Content will be consistently available through the Digital Services. We reserve the right to alter, modify, edit, suspend, discontinue, or otherwise adjust the Digital Services, Content, or any aspect, feature, or service of the Digital Services at our discretion, with or without prior notice to you. You acknowledge and agree that JoJ will not be held liable to you or any third party for any such modifications, suspensions, or discontinuations of the Digital Services, Content, or any part thereof.
13. Fees, Purchases, and Referrals
(a) Payment of Fees
You agree to pay any applicable fees, including initial deposits made as a Buyer in connection with a bid, Buyer’s fees, and Seller listing fees outlined on our website concerning bids or any Purchases you make of products, features, and/or services listed on the Digital Services. This includes any relevant sales, use taxes, or similar charges. Certain fee-based services or features may have additional terms and conditions presented to you at the time of purchase, access, or download.
All payments made to JoJ will be facilitated through Stripe, Inc., our third-party payment processing service. You must provide accurate, complete, and current information for any Purchase. You are responsible for all charges incurred by your credit card, debit card, or other payment method used in connection with a Purchase. Additionally, you agree to pay any applicable taxes related to any Purchase.
For Purchases directly from a Seller on the Digital Services involving payment processing, if the Seller selects a payment method using a third party, we do not process the transaction.
Prices listed for vehicles or other products or services by Sellers on the Digital Services are set by the Sellers, and we are not responsible for setting or negotiating prices or related fees. Prices listed may exclude various government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. Sellers may add these fees to the listed price when calculating the final sale price charged to a Buyer. All amounts on the Digital Services are in U.S. dollars.
(b) No Refunds
All Purchases made from a Seller using the Digital Service are solely between the Buyer and Seller. Therefore, if you seek a refund related to a Purchase or have questions, you must contact the Seller directly.
(c) Bidding and Auction
(i) Reserve and Publication
Sellers must indicate whether there is a minimum price (the “Reserve”) or “No Reserve” for a listing on the Digital Services. A Seller may adjust the Reserve during the auction. JoJ will only approve a listing for publication once a Seller has set the Reserve or selected “No Reserve.”
(ii) Seller Acknowledgment
By listing a vehicle or other product/service on the Digital Services, you are considered a “Seller” and are responsible for all User Content and transaction details. Sellers are prohibited from listing their items on any other auction, dealership, or listing service while the listing is available on the Digital Services. JoJ reserves the right to remove a Seller’s listing at any time.
(iii) Buyer Acknowledgment
Buyers acknowledge that bid fees are binding and due to JoJ. They are also responsible for government fees and taxes for vehicles listed on the Digital Services. Bidding on a vehicle does not create a formal contract; negotiations and formal agreements are the responsibility of the Buyer and Seller. JoJ does not inspect vehicles listed on the Digital Services and assumes no risk associated with their purchase.
JoJ may offer to pay the Seller a Make Whole Amount if no bid meets the Reserve following an auction. However, if the vehicle is not sold within 30 days of such payment, the Seller must return the Make Whole Amount to JoJ. This offering does not make JoJ a party to the transaction between the Seller and Buyer.
14. Release
If you have a dispute with any User of the Digital Services or any third parties, including merchants, you release JoJ (and its affiliates, service providers, partners, co-branders, licensors, payment processing partners, other partners, officers, directors, employees, contractors, and agents) from any claims, demands, liabilities, costs, expenses, and damages (actual and consequential, known and unknown) arising out of or connected with such disputes. By agreeing to this release, you waive any protections, statutory or otherwise, to the extent permitted by applicable law, that would limit the coverage of this release to only those claims you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which states: “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.”
15. Indemnity
You agree to indemnify and hold JoJ (and its affiliates, service providers, partners, co-branders, licensors, payment processing partners, other partners, officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any User or third party (each, a “Claim”) due to or arising out of:
(a) Your use of the Digital Services or Content, (b) Information you provide or we obtain about you and your use of the Digital Services, (c) Your violation of this Agreement; (d) Your violation of applicable laws or regulations, or (e) The actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials).
JoJ reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of JoJ. JoJ will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. Disclaimers
As-Is Basis: The Digital Services are provided “as-is” and “as available,” and we (and our service providers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
Availability and Functionality: We (and our service providers) make no warranty that the Digital Services will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Third-Party Products and Services: JoJ does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on or through the Digital Services or any hyperlinked website or service. JoJ will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Accuracy of Listings: While JoJ may assist sellers in the creation of their listings, it remains each seller’s responsibility to ensure that its listings are accurate. JoJ is not responsible for errors, including typographical errors, that may appear in listings. JoJ reserves the right to refuse or cancel any listings for vehicles or other products and services listed with incorrect or misleading information.
Internet Security: Due to the inherent nature of the internet, JoJ cannot guarantee that information transmitted through the internet or stored on its systems will be absolutely safe from intrusion by others. JoJ assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, hardware or network failure, theft, or unauthorized access to, or alteration of, any user content.
Use at Your Own Risk: You understand and agree that if you download any material, you do so at your sole risk. JoJ does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other content on the Digital Services or any online services linked to the Digital Services.
Limitation of Liability: Under no circumstances shall JoJ be responsible for any loss or damage, including personal injury or death, resulting from the use of the Digital Services, any content posted on or through the Digital Services, or conduct of any users of the Digital Services, whether online or offline.
Entertainment Advice Disclaimer: Some areas of the Digital Services offer advice from a variety of providers, which may be affiliated with JoJ or members of the user community. Such advice is for entertainment purposes only and not as treatment or remedy for an individual circumstance.
Legal Jurisdiction Disclaimer: Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
17. Limitation of Liability
Scope of Liability: In no event shall we (and our affiliates, service providers, partners, and our and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) or our service providers be liable to you or any third party under contract, in tort, strict liability, negligence or any other legal or equitable theory, for any loss or damages, including, without limitation, direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise, lost profit, data loss, or cost of procurement of substitute goods, arising from or relating to this Agreement or your use of, or inability to use, the Digital Services, including for any bugs, viruses, trojan horses, or the like, regardless of the source of origination, even if we have been advised of the possibility of such damages.
Exclusion of Liability: Without limiting the foregoing, to the extent permitted by applicable law, JoJ is not liable, and you agree not to hold JoJ responsible, for any damages or losses resulting directly or indirectly from: (1) your use of, or your inability to use or access the Digital Services; (2) delays or disruptions in the use or access to the Digital Services; (3) viruses or other malicious software obtained by accessing or using the Digital Services; (4) glitches, bugs, errors, or inaccuracies of any kind in the Digital Services; (5) actions, or inactions of other users; (6) a suspension or other action taken with respect to your user account; or (7) your need to modify the information you provide or your behavior as a result of changes to this Agreement.
Limitation of Damages: Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to the Digital Services or this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty US dollars ($50) or (b) amounts you’ve paid JoJ in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.
No Liability for Affiliates, Service Providers, or Partners: You agree that neither our affiliates, service providers, or partners nor their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents will have any liability of any kind arising from or relating to this Agreement.
Legal Limitations: Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so in those states, our liability is limited to the extent permitted by law.
18. Third Party Services and Ads
Description: The Digital Services may contain links to third-party websites, apps, or other services (e.g., social media platforms), as well as advertisements for third parties (collectively referred to as “Third-Party Services & Ads”).
Not Under Control: These Third-Party Services and Ads are not under the control of JoJ, and JoJ does not assume responsibility for any Third-Party Services and Ads.
Provided as Convenience: JoJ provides these Third-Party Services and Ads solely as a convenience and does not undertake to review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Services and Ads.
Use at Own Risk: Your use of Third-Party Services and Ads is at your own risk. JoJ does not guarantee the safety, reliability, or quality of these services and advertisements.
Applicable Terms and Policies: When you access or interact with Third-Party Services and Ads through links provided on the Digital Services, you are subject to the terms and policies of the respective third parties, including their privacy policies.
19. Third Party Affiliate Marketing
Affiliate Marketing Participation: JoJ engages in affiliate marketing activities, which involves the inclusion of third-party affiliate links on some of our Digital Services.
Commission Earning: When you click on these third-party affiliate links or make purchases through them, JoJ may earn a commission as a result of your actions.
Purpose: The purpose of including third-party affiliate links is to generate revenue for JoJ through commissions earned from qualified actions taken by users.
Disclosure: JoJ may disclose the presence of affiliate links on its Digital Services to ensure transparency with users regarding the nature of these links and the potential financial incentive involved.
User Consent: By using our Digital Services, you acknowledge and consent to the inclusion of third-party affiliate links and understand that JoJ may earn commissions from your interactions with these links.
20. Local Regulations
Geographical Limitation: JoJ does not represent that the Digital Services or Content are suitable or accessible for use outside the United States, including its territories, possessions, and protectorates.
User’s Responsibility: If you opt to access the Digital Services or Content from locations beyond the United States, you do so voluntarily and assume any associated risks.
Compliance with Local Laws: It is your responsibility to adhere to local laws and regulations that are applicable to you. This includes compliance with any laws regarding the transmission of technical data, whether exported from the United States or your country of residence.
Acknowledgment: By accessing the Digital Services or Content from locations outside the United States, you acknowledge and agree to comply with all relevant local laws and regulations.
21. Term and Termination
Commencement and Duration: These Terms of Use become effective upon your access to the Digital Services and remain in effect until validly terminated.
JoJ‘s Right to Terminate: JoJ reserves the right to terminate your access to the Digital Services, including your Credentials (such as your password or account), at its sole discretion, with or without prior notice, and for any reason or no reason. This termination may involve the removal of any User Content or information associated with your account.
Grounds for Termination: Reasons for termination may include, but are not limited to: (i) unauthorized use of your identification or Credentials, (ii) unauthorized access or use of the Digital Services, (iii) violation of the terms outlined in this Agreement, or (iv) tampering with the software, data files, or Content within the Digital Services.
User’s Right to Terminate: You have the right to terminate your user account at any time, for any reason or without reason.
Effect of Termination: Termination, suspension, or cancellation of this Agreement or your access rights does not affect any rights or relief available to JoJ under the law or in equity. Upon termination, all rights granted to you automatically revert to JoJ and its licensors.
Survival of Certain Provisions: Notwithstanding termination, certain provisions of this Agreement will survive, including but not limited to Sections 2 – 30. These surviving provisions continue to apply in perpetuity.
22. Entire Agreement
Comprehensive Agreement: This Agreement, inclusive of the Privacy Notice and any additional guidelines, terms, procedures, or rules applicable to specific features of the Digital Services, constitutes the entire agreement between you and us concerning the use of the Digital Services.
Non-Waiver: Our failure to exercise or enforce any right or provision outlined in this Agreement does not constitute a waiver of such right or provision.
Section Titles: The section titles included in this Agreement are provided for convenience only and do not hold any legal or contractual effect.
Interpretation of “Including”: The term “including” is interpreted to mean “including without limitation.”
Severability: If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions will remain unaffected and continue to be valid and enforceable to the maximum extent permitted by law. Any invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable.
23. Changes to this Agreement
Revision Process: We reserve the right to revise this Agreement prospectively. Revisions may be posted as an updated version on the Digital Services or provided to you through notice via email or other notifications on the Digital Services.
Consent to Receive Notices: By using the Digital Services, you consent and agree to receive notices regarding updates to this Agreement through our posting of an updated Agreement on the Digital Services.
Regular Review: It is recommended that you regularly visit the applicable page or section to review the current version of the Agreement.
Acceptance of Revisions: Your continued use of the Digital Services after any revisions to this Agreement will be considered as irrevocable acceptance of those revisions.
24. Dispute Resolution (Arbitration Clause and Class Action Waiver)
Please carefully review this section as it impacts your rights.
Scope of Arbitration: Except for claims of infringement or misappropriation of intellectual property rights, any disputes between you and JoJ related to or arising under this Agreement must be resolved through binding arbitration. This agreement to arbitrate applies broadly to all claims and disputes arising from your use of any of the Digital Services.
Waiver of Jury Trial and Class Action: By entering into this Agreement, you and JoJ are waiving the right to a trial by jury and the ability to participate in class actions. Both parties agree to bring claims against each other solely in their individual capacities and not as part of any class or representative proceeding.
Arbitration Procedures: The arbitration will be conducted according to the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (AAA), with modifications outlined in this section. For claims seeking awards of $10,000 or less, arbitration will be conducted based on written submissions without personal appearances unless mutually agreed otherwise. For claims exceeding $10,000, the AAA rules regarding hearings will apply, and hearings, if held, may take place in San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s decision will be binding and enforceable as a judgment in any court of competent jurisdiction.
Forum for Non-Arbitrable Claims: If the arbitration agreement is deemed unenforceable by a court, disputes that would have been subject to arbitration shall be exclusively brought in state or federal courts located in New York City, New York. Claims of intellectual property infringement shall also be exclusively brought in courts located in New York City, New York.
25. No Waiver
JoJ’s failure or delay in exercising any right, power, or privilege under this Agreement does not constitute a waiver of that right, power, or privilege. Furthermore, any single or partial exercise of a right, power, or privilege does not prevent JoJ from exercising any other rights, powers, or privileges under this Agreement.
26. Governing Law
This Agreement is governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA, without regard to any conflict of law principles.
27. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Digital Services 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
28. Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services have designated an agent to receive notices of claims of copyright infringement at [email protected].
If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our Users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We have a policy of terminating access to our Digital Services of any User who repeatedly infringes the proprietary rights of any third party.
29. Copyright/Trademark Information
Copyright © 2024, Junk or Jewel. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Digital Services are the property of Junk or Jewel, or the property of other third parties. You are not permitted to use these Marks without the prior written consent of Junk or Jewel or the consent of such third party which may own the Marks.
30. Contact Us
If you have any questions about this Agreement, please feel free to contact us via email at [email protected].
