August 1, 1, 2024

Welcome to Joy Healthcare and our Terms of Service. These Terms of Service are important and affect your legal rights, so please read them carefully. We know it is tempting to skip these Terms of Service, but just as we are transparent and thoughtful in the design of our company, so too do we believe it is important to be transparent and thoughtful about what you can expect from us as you use our services, and what we can expect from you. Understanding the Terms of Service is important because, by using our services, you are agreeing to these terms.

These Terms of Service describe your rights and responsibilities when using Joy Healthcare Services, LLC. and all of its subsidiaries, successors in interest, and assigns (collectively, “Joy Healthcare ”), and www.gojoyhealth.com, all related websites, services, and related mobile applications (the “Joy Services”), together with the Joy Services, the “Site”, "We", or "Us"). For the purposes of the Terms of Service, references to “Joy Healthcare”, the “Site”, “We”, and “Us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Service or any prior agreements between us.

These Terms of Service constitute a legal agreement between the Site’s customers (“You”) and the Site. By accessing or using the Site, you agree to be bound by the terms and conditions contained in these Terms of Service and all other operating rules, policies and procedures that we may publish from time to time on the Site, including our Privacy Policy, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Your acceptance of the Terms of Service is indicated by Your continued use of the Site. Please read everything here carefully, and be sure to contact us if You have any questions.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 21), WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 20.11). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. Eligibility

You agree that by using this Site or registering for membership, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence, or in the case of Joy Healthcare, at least 13 years of age, visiting under the supervision and consent of a parent or guardian, and legally able to enter into a contract. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

2. Modifications

We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised. You may read a current, effective copy of the Terms of Service at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Site.

3. Site

We grant you a limited license to access and use the Site for your personal, non-commercial use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools. In addition, you agree that all products purchased from and orders submitted through the Site are for your personal or household use and not for resale or any other commercial use.

Joy Healthcare grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print content retrieved from the Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content.

Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Joy Healthcare. You may not use any meta tags or any other "hidden text" utilizing Joy Healthcare ‘s name or trademarks without the express written consent of Joy Healthcare. Any unauthorized use terminates the permission or license granted by Joy Healthcare.

We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.

4. Restrictions on Use of Joy Healthcare

Your use of Joy Healthcare and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using Joy Healthcare:

  •   Taking any action that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);


  •   Accessing, tampering with, or using non-public areas of Joy Healthcare, computer systems, or the technical delivery systems of Joy Healthcare providers; 


  •   Attempting to decipher, decompile, disassemble or reverse engineer, avoid, bypass, remove, deactivate, impair, descramble probe, scan, test, breach or otherwise circumvent any technological or security measure implemented by Joy Healthcare providers or any other third party (including another user) to protect or provide the Joy Healthcare;


  •   Attempting to access or search the Joy Healthcare through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search Joy Healthcare through software and/or search agents provided by the Joy Healthcare or other generally available third party web browsers;


  •   Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered or deceptive information;


  •   Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, junk mailing, unauthorized advertising or any form of solicitation via Joy Healthcare;

  •   Collecting or storing any personally identifiable information from Joy Healthcare from other users of Joy Healthcare without their express prior permission;


  •   Impersonating or misrepresenting your affiliation with any person or entity;


  •   Contacting, stalking or harassing anyone through Joy Healthcare who has asked not to be contacted

Joy Healthcare will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. Joy Healthcare may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Joy Healthcare has no obligation to monitor your access to or use of the Joy Healthcare or to review or edit any content you post or share to Joy Healthcare, but has the right to do so for the purpose of operating the Site, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

5. Using Joy Healthcare

Notwithstanding anything to the contrary contained in these Terms of Service, You agree that if you continue to use Joy Healthcare, you are accepting these Services on an “AS IS” and “AS AVAILABLE” basis, regardless of anything to the contrary stated anywhere else.  Joy Healthcare disclaim all warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose."

6. Guidelines for Using Joy Healthcare

Your use of Joy Healthcare and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on Joy Healthcare. We may modify such guidelines in our sole discretion at any time. We reserve the right to terminate your account and access to Joy Healthcare if it is determined that you have violated any such applicable guidelines.

7. Copyright

The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada and other copyright laws, and is the property of Joy Healthcare and protected by copyright and other intellectual property or proprietary rights. All rights reserved.

8. Trademarks

All trademarks, service marks and trade names of Joy Healthcare on the Site are trademarks or registered trademarks of Joy Healthcare or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

9. Indemnification

You agree to indemnify, defend and hold harmless Joy Healthcare, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site under the guise of you.

10. Privacy

Registration data and other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. For more information, see our Privacy Policy.

11. Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Joy Healthcare. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

12. Submissions

12.1 UNSOLICITED SUBMISSIONS

We welcome your feedback and comments regarding our services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Joy Healthcare’s professional staff might seem to others to be similar to their own creative ideas/work. Accordingly, we ask that you not send us any original creative ideas, suggestions or materials of any kind, including show designs, photographs, drawings or original artwork. If you send us creative ideas, suggestions or materials of any kind despite our request not to do so (an "unsolicited submission"), you acknowledge and agree that we may treat the unsolicited submission to be non-confidential and non-proprietary in each instance and in all respects.  All unsolicited submissions made by you shall be the sole property of Joy Healthcare and will not be acknowledged or returned.

12.2 REQUESTED SUBMISSIONS

From time to time, we may solicit creative ideas, suggestions or materials from users of our Site. If you at any time send, provide us with or post creative ideas, suggestions or any other materials in response to our request (each, a "requested submission"), you acknowledge and agree that we may treat the requested submission as non-confidential and non-proprietary in each instance and in all respects.

12.3 SHARED SUBMISSIONS

Submissions may also be provided in the form of opinions and views posted to community pages, chat rooms, blogs, bulletin boards, or discussion forums by persons who use (“User”) the Site (“shared submission”, together with unsolicited submission and requested submission, “submissions”). You are responsible for all submissions you provide to the Site, and you represent that you have all necessary permission to submit, post and otherwise make available such submissions. Joy Healthcare makes no claims to ownership of shared submissions and you shall continue to retain all ownership rights in your shared submissions and the right to use your shared submissions as you see fit.

12.4 OTHER RIGHTS AND GUIDELINES REGARDING YOUR SUBMISSIONS

You agree that we have no obligation of confidence to you with respect to any submission and we shall not be liable to you in any way for any use or disclosure of any submission. We may use any submission without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, personalization, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such submission violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.

You hereby irrevocably grant to us the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a submission to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to make a submission does not place us in a position that is any different from the position held by members of the general public with regard to your submission. You understand and acknowledge that we have broad access to ideas, designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own employees. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your submission. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials.

You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any submission you make, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

While Joy Healthcare strives to keep our content accurate, complete, and up-to-date, we cannot and do not guarantee or endorse, and are not responsible for the accuracy, completeness, reliability or timeliness of any content, whether provided by Joy Healthcare or by Users.  Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Joy Healthcare. Joy Healthcare does not have any obligation to prescreen, edit, or remove any submissions provided by Users that are posted on or available through the Site.

13. Notice Regarding Medical Advice

THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

14. ARBITRATION

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Here at Joy Healthcare, we are committed to customer satisfaction. Part of that commitment is in ensuring in a fair, effective and cost-efficient manner. Most of the time that you have a concern, that concern can be resolved quickly and to your satisfaction if you will first give us an opportunity to resolve your problem or dispute.

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to Us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Joy Healthcare Support services at 1.713 857 8353 or send the written description by U.S. Mail. You agree to negotiate with Us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, You agree to the dispute resolution provisions below.

These Terms of Service provide that disputes may be resolved in binding arbitration or small claims court. Our arbitration agreement for U.S. disputes, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible.

14.1 Arbitration Agreement: United States Only

By agreeing to the Terms of Service, You agree that You are required to resolve any claim that You may have against the Site on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude You from bringing any class, collective, or representative action against the Site, and also preclude You from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Site by someone else. You and the Site agree that any dispute or claim relating in any way to your use of the Site, to your purchase or use of any the Site’s product, or to your participation in the membership program, will be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, any dispute, claims, or controversy arising out of or relating to any part of the Terms of Service, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as You and the Site mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Service as a court would.

15. Termination

These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.

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