LOGIN
Get Started

Terms of Service

1. Introduction 
MarketJoy, Inc. (“MarketJoy”, “We”, ”Us”, “Our”) operates the “Service,” which is defined as any Website or Web page (or mobile application) on which this set of Terms appears (“Website”), and any data, services, activity or transactions that are offered, made available or facilitated through any of the above. These Terms of Service (“Terms of Service” or “Terms”) are a legally binding agreement (“Agreement”) that applies to the Service and governs Your use of the Service and Your (“You” or “Your”) relationship with Us. You accept and agree to these Terms of Service by either:
  • Accessing or using the Service; 
  • Clicking to accept these Terms of Service, or 
  • Accepting these Terms of Service in any other way. 
We and You may be referred to herein individually as a “Party” or collectively as the “Parties”. 
If You violate these Terms of Service, or if You do not agree to these Terms of Service, You shouldn’t access (and You don’t have Our permission to access) the Service. 
In addition, if You intend to provide to Us, or receive from Us, data regarding European residents, please see Section 13, which You must agree to. 2. Changes to the terms of service We may modify these Terms of Service in Our sole discretion by posting updated versions of these Terms of Service on the Website or otherwise providing notice to You. All such changes shall become effective upon the posting of the revised Terms of Service on the Website or upon notice, as applicable.  3. Changes to the service We may change the features and functionality of the Service at any time. This may include adding, modifying or removing any features or functionality of the Service. The Terms of Service will apply to any changed version of the Service. We also may suspend or stop the Service altogether. In addition, We may impose or alter fees for new or existing aspects of the Service.  4. Eligibility restrictions To use the Service, You must have reached the age of majority in the jurisdiction where You live (in most U.S. states, that’s 18 years old). If You are under this age, You shouldn’t use the Service or provide Submitted Data (defined below) to Us.  5. Your account You will need to set up an account in order to access most aspects of the Service, including in most cases to submit data (“Submitted Data”) or to receive data (“Output Data”). You should read the important information about the rules governing the Submitted Data and Output Data, in the sections below. Important rules also govern Your account itself. First, You must only provide account information (such as Your name and email address) that is Your own, and that is accurate. You should keep Your contact information accurate as Well, so that We can contact You if We need to, such as to deliver any important notices. We also strongly recommend changing Your password periodically, and that You not share Your password or account credentials with anyone else. You are solely responsible for maintaining the confidentiality of Your account information, such as Your username and password, and for restricting access to Your computer and other devices; You agree and understand that You will be liable for any activity occurring through Your account. 6. Your license to the service You may be and hereby are granted, during the Term, a non-exclusive, terminable license to use the Service and Output Data for (and solely for) Your personal and/or Your internal business purposes only, subject to the prohibitions and restrictions herein, and a non-exclusive, terminable license to store, print or make a copy of Output Data We provide to You solely for Your personal or internal business purposes. You may not resell, distribute, or create derivative works from the Service or the Output Data. You may not develop any service, product, toolset, dataset or derivative work from the Output Data or the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.  7. Data sharing and rights: Our free services When You provide Submitted Data through the Service, You understand and agree to the following, except where We and You have put in place a Premium Services Agreement (or other agreement) that expressly supersedes the below Terms: a. The Licenses You Grant To Us. When You provide Us with or make available to Us any Submitted Data, such as names, addresses, business titles or phone numbers of contacts or other persons, You are granting Us several licenses to use that data (and You are representing to Us that You have the right to make this grant): 
  • You grant Us a perpetual and irrevocable license to access and use the Submitted Data in aggregated form, to provide, develop and improve the Service and Our data assets, so long as We do not (i) in any public way refer to You or the company You work for in relation to the Submitted Data (for instance, We will never sell a list titled “List of Brand X’s Clients), or (ii) use the Submitted Data in a way that violates any contract We have entered into, or any law. 
  • You also grant Us a perpetual and irrevocable license to sublicense, make available, copy, display, publish or distribute the Submitted Data to any third–party, including Our customers, business partners, and service providers. 
  • You grant Us a perpetual and irrevocable license  to create derivative works, data models, or modeled data sets with the Submitted Data. You agree that We will own those derivative works (but not the actual Submitted Data that is distinct from those works). Examples of derivative works (without limitation) would be, for instance, if We create aggregated or modeled data sets that combine data from numerous providers in order to form a new or new type of data set. Another example would be if We used multiple sets of Submitted Data (from multiple providers) in order to derive data analytics about certain industries, buyers, or industry prospects. 
  • You also grant Us a perpetual and irrevocable right to use, share, sublicense, display, copy, publish and distribute the Submitted Data in aggregated, de-identified form for any purpose, in any medium. 
  • The foregoing license grants to MarketJoy shall be non-exclusive, perpetual and royalty-free. MarketJoy shall have the right to sublicense, assign, or transfer such licenses in its discretion.
b. The Representations You Make To Us. It is important to Us that You have the right to grant Us the licenses We’ve described above. If You don’t, please do not provide any Submitted Data to Us. If You’re not sure whether You do, please take the time to confirm whether that is the case. We will still be here when You’re ready. 
  • You therefore warrant and represent that You have all necessary rights, permissions, and authority to provide the Submitted Data to Us (in whole and in part), and that doing so will not put You in violation of any agreements with third-parties or any laws. We provide certain examples of laws that theoretically could apply, so please continue to read. 
  • You likewise warrant and represent that the Submitted Data does not contain any information about individuals under the age of 18. 
  • You warrant and represent that providing the Submitted Data to Us does not violate the U.S. HIPAA (Health Information Portability and Accountability Act) law: for instance, it is not a list of hospital or doctor’s patients, or a similar dataset consisting of patients or clients of an entity covered by HIPAA (this might include, for instance, a doctor, dentist, chiropractor, acupuncturist, pharmacist or other health professional). Similarly, You warrant and represent that you shall not provide Us with Submitted Data consisting of a list of clients of an entity covered by the GLBA (Gramm-Leach-Bliley Act), which applies to many types of financial institutions including banks, hedge funds, investment advisers and insurance companies. 
  • You warrant and represent that You will only provide Submitted Data to Us that is true and accurate, and of living persons.
c. Nature of Exchange. Our Service contains certain “co-operative” elements. This means that in exchange for providing the Submitted Data to Us, and potentially for the use of other customers (at Our sole discretion), You will receive access to Output Data consisting of information that We hope is equally valuable to You. While We strive to make this a fair and optimal exchange, You understand and agree that We may change these Terms or the nature of the Service at any time, or alter the amount of Output Data or other access We provide – and You agree that it is in Our sole discretion to do so. We likewise may terminate or suspend Your account or access to the Service at any time, for any reason, including (without limitation) any violation of these Terms of Service by You or through Your account. Additional rules or policies may be displayed or put in place through the Service, including any portal through which You submit or receive data; those rules or policies are incorporated by reference into these Terms of Service and You agree to adhere to them. 8. Paid and subscription accounts; Self-Serve credits We also may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of services and payment terms. If You and We agree to do so, We will enter into a separate agreement with You, governed by an applicable further order form (“Order Form”). If You wish to enter into such an agreement, please contact Us at [email protected] In addition (unless otherwise agreed to by You and Us), the following will apply to any paid Service We provide to You: Sometimes We offer the Service on a “self-serve” basis, in which case You will have the opportunity to click through these Terms and select the aspects of the Service You want to purchase, including an amount of credits that can be used for data. When You purchase credits, they have an expiration date, which is generally the end of Your billing cycle – for most accounts, the end of the month. Do not purchase credits if You are not able to use them during Your billing cycle.  a. You agree to pay to Us the applicable fees (the “Fees”) set forth in this Agreement or an Order Form (whether agreed to on paper, digitally or electronically) signed or otherwise agreed to by You and by Us, based on the timetable set forth below or in the Order Form. We may increase or otherwise change the Fees at the end of any given calendar year or at the end of any period of time set forth in an Order Form, in Our sole discretion, by providing You with written notice (which may be by email or another conspicuous method). b. You must raise any disputes regarding Fees within 60 days from receipt of the (first) applicable invoice. Any disputes not raised within that time period shall be deemed waived.  c. Invoices must be paid in full no later than thirty (30) days from the date on which they are received. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection (including reasonable attorney’s fees) that We may incur. We reserve the right to suspend or terminate Your use of the Service, without liability for such suspension or termination, immediately where Fees are more than sixty (60) days in arrears. If We suspend or terminate Your use of the Service for such reason(s), You are not entitled to any refund of pre-paid Fees.  d. You are responsible for all taxes associated with the Service other than taxes based on Our net income.  e. Your use of the Service identified on an Order Form is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (each a “Renewal Term”), unless either Party requests non-renewal at least thirty (30) days prior to the end of the then-current Term. The Initial Service Term and the Renewal Term(s) (if any) are referred to herein as a “Term”. The subscription is on a per-seat basis, and is for a single “seat” (aka “user”) unless otherwise indicated in the Order Form. We may permit You (in Our discretion) to increase the number of seats or users during a Term, in which case We will then begin to charge You at the new per-seat price. While You may (in Our discretion) increase the number of seats during a Term, You may not decrease the number of seats during a Term: once You increase Your number of seats, You will be charged on that per-seat basis through the remainder of the Term. You may not seat-share or time-share, You may only permit one seat per individual user.  f. In addition to any other remedies it may have, either Party may also terminate this Agreement or an Order Form upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other Party materially breaches any of the terms or conditions of this Agreement or an Order Form. You will pay in full for the Service up to and including the last day on which the Service is provided. All sections of this Agreement or an Order Form which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. g. Our Unlimited Plans operate under a Fair Use Policy in order to prevent potential abuse. The credit limit is 10,000 credits per account per year for non-paying accounts on an Unlimited Plan, or the lesser of $ Paid / $0.025 or 1 Million credits per account per year for paying accounts on an Unlimited Plan, unless We will enter into a separate agreement with You that specifies a different credit limit, governed by an applicable further Order Form. h. For subscription customers without an Order Form, You must cancel Your subscription prior to 11:59 p.m. Pacific Time on the day before Your next recurring billing date in order to avoid being charged. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, You may choose to have access to the service through the end of Your current billing period. At any time, and for any reason, We may provide a refund, discount, or other consideration to some or all of Our members (“credits”). The amount and form of such credits, and the decision to provide them, are at Our sole and absolute discretion. The provision of credits in one instance does not entitle You to credits in the future for similar instances, nor does it obligate Us to provide credits in the future, under any circumstance. 9. Proprietary rights: what We own As between You and MarketJoy, all rights, title and interest in and to the Service, including without limitation patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated with the Service, are owned by MarketJoy. For instance, We own any design or product features inherent in the Service, such as the way that data is organized, curated, presented and delivered, and any know-how or other intellectual property inherent in the way We have create, provide, display or make available the Service. The MarketJoy names and logos are trademarks of MarketJoy, and may not be copied, imitated or used, in whole or in part, without Our prior written permission. These Terms of Service do not grant You any ownership right, title or interest in any of the above. You therefore may not use the Output Data to create any derivative work, service or product, and You may not resell or re-license the Output Data in any manner or form.  10. Restrictions on use of Output Data You agree not to use the Service or Output Data in certain ways. You agree not to use the Service or Output Data to:  (i) violate any applicable laws (whether federal, state, local or international) (“Laws”), (ii) violate the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation (CASL), as such statutes may be amended from time to time, or the U.S. TCPA (Telephone Consumer Protection Act of 1991, as modified from time to time). For information on CAN-SPAM, go here; for information on CASL, go here; and for information on the TCPA, go here;  (iii) advertise or promote any goods or services (or send any other communications) that are illegal in the place offered to consumers, (iv) advertise or promote adult service (such as pornography or escort services), tobacco products, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme);  (v) defraud, deceive or mislead anyone.  (vi) communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive. (vii) promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or  (viii) threaten or promote violence. 11. Additional restrictions on use of the Service and Your account  You also agree to certain restrictions on Your use of the Service. You may not:  (i) allow any other person to use Your account, use any other person’s account, or share Your password or account credentials with any other person; (ii) transmit information to or through the Service that is fake or fictitious; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) access the Service in a way that exceeds Your authority, such as by logging in to a server, account, or email network when You are not authorized to do so;  (v) access the Service in an automated manner; (vi) extract data from the Service in a way that exceeds Our authorization or violates these Terms or other policies or restrictions We have implemented (whether such implementation is verbal or mechanical in nature); for instance You may not use, nor use or attempt to use, any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than the search engine and search agents made available through the Service; (viii) reverse engineer, decompile or disassemble the Service (in whole or in part). 12. Special terms for use of personal data of or output data about European Data Subjects You may request or receive Output Data regarding data subjects who reside in the European Economic Area, Switzerland, or the United Kingdom (“European Data Subjects”) (such as their name, job title, or contact information), which We refer to below as “European Output Data”. If You do so, You agree that You will use the European Output Data only in the following situations, in addition to complying with other consent or permission requirements set out in this Section:  (i) in order to perform reasonable and actual data validation or hygiene (the process of ensuring the “cleanliness” of data in a database by checking records for accuracy and removing errors) or updating of Your own legally obtained customer database. For instance (simply to illustrate), if You possess a data file that reads [Jane Doe | Acme Computers | [email protected]] You may use Our Output Data to update that file to read [Jane Doe | Acme Computers Limited | [email protected]] (ii) pursuant to explicit consent from the data subject of the Output Data, sufficient to comply with the consent requirements of the then current version of the GDPR (General Data Protection Regulation (2016/679, “GDPR”) is a Regulation in EU law on data protection and privacy in the EU and the European Economic Area (EEA)).  (iii) for other purposes You have established are necessary to pursue Your legitimate interests in the context of business-to-business relationships and in compliance with the GDPR and all other legal requirements. For instance, if You use the Output Data to contact actual or prospective business partners, You may need to obtain consent for “prospecting” by means of a telephone, fax machine or email. When You receive or use European Output Data, You understand and agree that You are the data controller, and We are Your data processor, as those terms are used under the GDPR. You will obtain from each data subject (e.g., the persons in Your customer database) all required consents (or establish another basis for processing the Output Data, if applicable), make available all required data subject rights, and otherwise comply with all provisions of the GDPR and other European data protection rules applicable to data controllers. You also agree that You will not provide any Submitted Data to Us regarding any European Data Subjects unless You have obtained legally sufficient consent to do so from the data subject of that Submitted Data. To the extent that MarketJoy processes any Personal Data (as defined in the MarketJoy Data Processing Agreement) that is subject to the European General Data Protection Regulation (GDPR) or other applicable European data protection rules, on Your behalf, in the provision of the Service hereunder, the terms of the MarketJoy Data Processing Agreement, which are hereby incorporated by reference, shall apply. If You are located in the European Union, the United Kingdom, Switzerland, or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the MarketJoy Data Processing Agreement, with MarketJoy, which provide adequate safeguards with respect to the personal data processed by Us under this Agreement and pursuant to the provisions of Our Data Processing Agreement apply. This Section 13 supersedes and takes precedence over any separate agreement or terms that We may enter into with You, regarding any European Data Subjects. Required Consumer Consents and Permissions. In some countries or jurisdictions, additional consents, notices and permissions may be required for certain types of marketing or processing of personal information. You understand that, while We seek to comply with Our own legal obligations, We have not obtained any rights or consents on Your behalf: therefore, to the extent that any law or regulation may require that You (in addition to Us) provide notice or obtain consent in order to market to any person or process any person’s personal data, You agree that You shall obtain on Your own behalf such notices or consents.  13. Privacy policy You acknowledge and agree with the collection, use, disclosure and other handling of information described in Our Privacy Policy, which We may update from time to time.  14. We may monitor the Service We, or service providers working with Us, may monitor the Service for any legitimate business purpose, including to monitor compliance with these Terms or evaluate how the Service is being accessed and used. We will be the sole and final arbiter as to whether the Service is being misused or these Terms are being violated. If We believe You have violated these Terms (or any Laws) We may terminate or suspend Your account and access to the Service and any Output Data immediately and without notice, without liability for such termination or suspension. In such a situation We also may seek civil, criminal or injunctive relief, at Our sole discretion and without obligation, to enforce this Terms of Service and the Laws.  15. Disclaimer of representations and warranties  YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ALONG WITH THE OUTPUT DATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE OR OUTPUT DATA WILL BE CORRECTED, (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY US OR OUR SERVICE PROVIDERS TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE. Some jurisdictions limit or don’t allow the disclaimer of implied warranties – in those states, these warranties will be disclaimed only to fullest extent permitted by law.  16. Limitation of liability  IN NO EVENT WILL EITHER PARTY OR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SERVICE PROVIDERS REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, OUTPUT DATA OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE OR OUTPUT DATA (EXCLUSIVE OF PAYMENT OR INDEMNIFICATION OBLIGATIONS) EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO US DURING THE PRIOR 12 MONTHS.. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to You. In cases where such laws apply, liability of MarketJoy shall be limited to the fullest extent permitted by law.  17. Arbitration, class action waiver and applicable law  PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.  1. Arbitration and class-action waiver 
  1. Federal Arbitration Act. You agree that these Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
  2. Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. The Parties agree to use reasonable efforts to settle any dispute or claim, and good faith negotiations shall be a condition to either Party initiating a lawsuit or arbitration, other than lawsuits or arbitration for injunctive relief from alleged intellectual property infringement. To commence this procedure, You agree to contact Our support department at [email protected], or We may contact You using the most current available information We have for You.
  3. Binding Arbitration. If the Parties do not reach an agreed-upon solution within a period of ten (10) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then the Parties agree to resolve by binding arbitration any and all controversies, claims, or disputes arising out of, relating to, or resulting from (1) Your relationship with the Us, (2) these Terms of Service or an Order Form, (3) any other aspect of the Service. These Terms of Service are intended to require binding arbitration of every claim or dispute that lawfully can be arbitrated, except for those claims and disputes which by the terms of these Terms of Service are expressly excluded from Section 18.
  4. Governing Arbitration Rules. All claims subject to arbitration shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS rules in effect at the time the arbitration is initiated, excluding any rules or procedures that would permit class actions or other representative actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service or an Order Form including but not limited to any claim that all or any part of these Terms of Service or an Order Form (such as this Section 18) is void or voidable, or whether a claim is subject to arbitration, except that the arbitrator shall have no authority to find that a claim may proceed on a class basis or as part of another representative action: only a court may address disputes regarding the validity or enforceability of the Class Action Waiver section below, Section 18(1)(7). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, unless there are conflicting rules at www.jamsadr.com, You must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages You seek to recover. You may find a copy of a Demand for Arbitration at www.jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the JAMS offices where the arbitration should take place (as described in Section 18(1)(6) below); and (C) Send one copy of the Demand for Arbitration to Us at 100 Northcliffe Drive, Suite 72, Gulf Breeze, FL 32562, USA.
  5. The arbitrator shall have the power to award any remedies available under applicable law, and the arbitrator shall award attorneys’ fees and costs to the prevailing Party, except as prohibited by law. The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
  6. If You are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for You. For residents outside the United States, arbitration shall be initiated in Santa Rosa County, Florida, United States of America, and You and We agree to submit to the personal jurisdiction of any court in Santa Rosa County, Florida, or the Federal Courts in Pensacola, Florida, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall allow participation via electronic means such as Zoom, Skype, Microsoft Teams, or any other mutually agreed methodology.
  7. Class Action Waiver. The Parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action, seek relief on a class basis, or join or serve as a member of a class action. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If for any reason the proper decisionmaker determines that the waiver of class and representative actions set forth in this paragraph is void or unenforceable or that an arbitration can proceed on a class or representative basis, then Section 18(1)(2)-(7) shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  8. 30-Day Right to Opt Out. You have the right to opt out and not be bound by this version of Section 18(1) by sending written notice of Your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of the first date that You agree to, or are deemed to agree to, any version of these Terms of Service that contains this version of Section 18(1). If You do not opt out, You will be bound to arbitrate disputes in accordance with the terms of this Section 18(1). You have the right to consult with counsel of Your choice concerning this Section 18(1). You understand that You will not be subject to retaliation if You exercise Your right to opt out of coverage under this Section 18(1). If You opt out of Section 18(1), We also will not be bound by it in its disputes with You.
  9. Changes to this Section. MarketJoy will provide (60) days’ notice of any changes to this Section 18(1). Changes will become effective on the sixtieth (60th) day, and will apply prospectively only to claims arising after the sixtieth (60th) day. If a court or arbitrator (in either case, with the authority to make such decision) decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from Section 18(1) and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section You agreed to.
  10. Survival. This Section 18(1) shall survive any termination of these Terms of Use. 
2. Limitations to this Agreement to arbitrate 
Section 18(1) (Arbitration and Class Action Waiver) shall be limited as follows: 
  1. Intellectual Property Claims. Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may bring an action on an individual (not class or representative action) basis in state or federal court or in the U.S. Patent and Trademark Office to protect its patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. 
3. Governing law 
The Terms of Service and the relationship between You and MarketJoy shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions. Any claim or dispute either of Us may have against the other that is not subject to arbitration must be resolved by a court located in Santa Rosa County, Florida, or the Federal Courts in Pensacola, Florida. The Parties agree to submit to the personal jurisdiction of the courts located within Santa Rosa County, Florida, or the Federal Courts in Pensacola, Florida, for the purpose of litigating all such claims or disputes that are not subject to arbitration. 
18. Indemnification  You agree to indemnify and hold harmless MarketJoy, its directors, officers, employees, contractors and agents, and its suppliers, licensors, and service providers, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees and expenses (collectively, “Claims”), arising out of or in connection with: (1) Your use of the Website or Service; (2) Your breach of these Terms of Service or an Order Form; or (3) Your violation of any applicable law or the rights held by any third–party. MarketJoy will have the right, but not the obligation, to participate through counsel of its choice in any defense by You of any Claims as to which You are required to defend, indemnify, or hold harmless MarketJoy. You may not settle any Claims in a manner that may impose any obligation upon MarketJoy, without Our prior written consent. The members of MarketJoy’s corporate family, and the agents, partners, employees, contractors and advertisers of them and of MarketJoy, are third-party beneficiaries of this paragraph. Other than them, there are no other third-party beneficiaries of the Terms of Service.  19. Other  a. Complete Agreement and Understanding. These Terms of Service are the entire and exclusive understanding and agreement between Us and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Us and You regarding such topic, provided that any express modification in an Order Form shall govern and supersede any conflicting provision in these Terms.   b. Our Relationship With You. The relationship between You and Us is that of independent contractors, and nothing in these Terms of Service shall be construed to create or imply any other relationship such as a partnership or an employer/employee or agency relationship. 
c. Assignment and Waiver. MarketJoy may assign these Terms at its discretion. You may not assign, sublicense or transfer these Terms (or Our license grant to You herein) in whole or in part to anyone else. No waiver of any obligation or right of either Party shall be effective unless in writing, executed by the Party against whom it is being enforced. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 
20. Account security 
We make no representations or promises regarding security. Despite Our security efforts, it is possible that unauthorized individuals will obtain Your information, such as through Web-scraping tools (even though We do not authorize and in fact prohibit that behavior). 
  • You are responsible for accessing Our network, systems, or application only through encrypted connections. 
  • You are responsible for maintaining up-to-date OS (operating system) patching and active antimalware on the end-user devices used to connect to Our environment. 
  • You are responsible for ensuring that all of Your terminated employees have their access revoked to the MarketJoy Service within 24 hours of termination. 
  • You are required to notify Us within 72 hours of security incidents that could have implications to Us (e.g., Your user has compromised credentials or laptop stolen, You have knowledge of a partner network compromise including malware worm or ransomware, etc.) 
  • Your users are responsible for keeping user IDs and passwords used to access Our systems confidential at all times. You agree to keep Our Intellectual Property and proprietary information confidential. 
  • MarketJoy runs a vulnerability discovery program. If You suspect there are any vulnerability with Our Service, please reach out to [email protected] and We will look into those for You. 
21. Linked services 
The Service may contain links to — or even reside on — third-party Websites and services that are not owned or controlled by Us (“Third-Party Services”). The Service may sometimes make available embedded links or content from such Third-Party Services, such as for promotions or information hosted by a third-party Website. We do not assume responsibility for any such third-party Websites, Third-Party Services or content. If You view, access or otherwise interact with any such Websites, Third-Party Services or content, You do so at Your own risk and You agree that We have no liability arising from such access.  22. Termination  In addition to any other remedies it may have, either Party may terminate this Agreement or an applicable Order Form effective immediately, if the other Party materially breaches any of the terms or conditions of this Agreement or the applicable Order Form and fails to cure such material breach within thirty (30) days of its receipt of a written notice identifying the breach in reasonable detail (or ten (10) days in the case of non-payment). In addition, (a) for paid subscriptions, We may terminate this Agreement or the applicable Order Form for convenience by providing You at least thirty (30) days’ prior written notice; and (b) for unpaid accounts only, either Party may terminate this Agreement or the applicable Order Form, effective immediately, by providing the other Party written notice. For paid subscriptions, You will pay in full for the Service up to and including the last day on which the Service is provided.  Legal notices (including but not limited to termination notices) must be sent to [email protected] or 100 Northcliffe Drive, Suite 72, Gulf Breeze, FL 32562, USA . We will send legal notices to You via a method of Our choosing that is reasonably intended to provide such notice to You, including without limitation via the Service or to the email or other address You have provided to Us.  If this Agreement terminates, You will no longer be authorized to access the Website or Services. Sections 7-9, 10, 11, 15-19 and 22-23 of the Agreement will survive termination.  23. Severability  If any provision of these Terms is determined by a court to be invalid, illegal or unenforceable, that determination will not affect the validity or enforceability of the remaining provisions of the Terms, and each provision shall be considered as separate, severable and distinct from each other.  24. Force majeure  Neither Party to these Terms will be deemed responsible or liable for its failure to perform or delay in performance under these Terms (or any Order Form) where such delay or failure is beyond its control, such as where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.  Last Updated: 22 May 2023

Right On Target!

Empower, Drive Growth, Scale and help Business Owners smash their Goals/Numbers.

About

Contact us

Address:

Email:

Phone:

Need help?

Powered By MarketJoy

Shopping Cart