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JOY PARENTING CLUB: TERMS OF SERVICE

These Terms of Service (“Terms” or “Agreement”) cover your use of and access to the website (“Site”), products, applications, tools, and features (collectively, the “Services”) provided by Joy Memories Inc. (together with its officers, directors, employees, and affiliates, “Joy”, “we” or “us”) through Joy Parenting Club. Our Privacy Policy [https://www.joy.co/privacy-policy] explains what personal information we collect and how it is used and shared.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING JOY PARENTING CLUB. UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY SERVICE. BY VISITING, BROWSING, OR

USING THE SITE OR ANY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

These Terms of Service apply to all Site visitors and users of the Site and Services. If you don’t agree with any term or condition in these Terms, please don’t use the Site or any Services. If you have any questions, please refer to the Site’s FAQs at https://www.joy.co. If you don’t find your answer there, email us at support@joy.co.

  1. In a Medical Emergency

 

If you are experiencing a medical emergency, dial 911 and seek immediate assistance.

 

DO NOT USE OUR SERVICES TO SEEK MEDICAL SERVICES FOR SOMEONE

WHO IS:

  • IN LABOR,
  • UNCONSCIOUS,
  • NOT BREATHING OR GASPING FOR AIR,
  • EXPERIENCING AN ALLERGIC REACTION,
  • HAVING CHEST PAIN,
  • UNCONTROLLABLY BLEEDING,
  • HAVING THOUGHTS OF HARMING THEMSELVES OR OTHERS,
  • EXPERIENCING A MENTAL HEALTH CRISIS,
  • EXPERIENCING DOMESTIC VIOLENCE, OR
  • ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENCY
  • MEDICAL ATTENTION.

 

CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY IF YOU

HAVE AN EMERGENCY MEDICAL NEED.

  1. Our Services

 

The Joy Parenting Club is a subscription-based digital service offered to help parents navigate their parenting journey. Joy’s Services include, but are not limited to, the following:

 

  1. Joy On Call: Parent members have access to personalized service from Joy’s parent coaches and child development experts through Joy’s text support service. Parents can reach out via text or via the Mobile App to Joy; typically, Joy’s coaches or experts will personally answer parents’ questions within 15 minutes. These coaches and experts tailor their replies to the unique needs of the members.

 

  1. Joy Learning: The Joy application gives parent members access to over a thousand different educational resources in the Joy Library, which include expert-written articles, short tutorial videos, and downloadables relevant to child development from birth to age five. Topics include feeding, sleep, speech and language, play and learning, sibling dynamics, picky eating, bonding, and more. The Joy Library also provides Toolkits, which are organized by developmental ages. These Toolkits include multiple videos, articles, and downloadable forms that help parents navigate their children’s particular developmental stages.

 

  1. Exclusive Discounts: Parent members have exclusive access to discounts on a wide variety of products for babies and children. Parents can shop for third-party products through https://shop.joy.co/ and typically receive a 20% discount off the retail price.

 

Joy may add to, or subtract from, these Services without notice. Subject to your acceptance of these Terms, Joy grants to you a non-exclusive revocable limited license to use any or all of the Joy Services for your personal non-commercial use. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service except as specifically allowed herein.

THE SERVICE IS NOT A CRISIS SERVICE. IF YOU EXPRESS TO A PRACTITIONER THOUGHTS OF HARMING YOURSELF OR OTHERS, PUTTING YOURSELF OR OTHERS IN DANGER, OR DISCLOSE THAT YOU ARE EXPERIENCING DOMESTIC VIOLENCE, THE PRACTITIONER WILL REFER YOU TO EMERGENCY SERVICES.

  1. No Provision of Medical Care

 

Joy provides general health and wellness information and a means to interact with Experts and Coaches (collectively, “Practitioners”). It does not replace your relationship with any practitioner or service, and Joy, itself, does not provide medical or health advice, care, diagnosis, or treatment. None of the content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

 

By using the Joy Parenting Club support services, you acknowledge and agree that:

  1. Joy is not a “covered entity” or a “business associate” under HIPAA. HIPAA does not necessarily apply to entities or persons simply because health information is involved, and therefore, HIPAA will not apply to your transactions or communications with Joy.
  2. All health information you provide through Joy’s services is governed by Joy’s Privacy Policy, which offers heightened privacy protections as required by certain state privacy laws.
  3. You are responsible for reviewing and understanding Joy’s Privacy Policy to know how your health information is collected, used, disclosed, and protected.
  4. By engaging with our support team via text messaging or our Mobile App, you consent to the collection, use, and disclosure of your health information as described in Joy’s Privacy Policy.

 

  1. No Guarantee of Suitability of Practitioners

 

While we endeavor to find you Practitioners who will be helpful to you, we make no guarantee, representation, or warranty with respect to:

  • whether you will find any Practitioner’s services relevant, useful, correct, satisfactory or suitable to your needs;
  • the quality of the services provided by Practitioners;
  • whether any Practitioner is categorized correctly or is suitably matched to you; or
  • verification of the skills, degrees, qualifications, licensure, certifications, credentials, competence, or background of any Practitioner.

 

You are solely responsible for independently verifying the experience and qualifications of any Practitioner that provides you with Services.

 

  1. Eligibility to Use the Site and Services

 

General: The Site and Services are currently available worldwide, but Joy reserves the right to restrict membership access to specific countries at any time, without notice.

 

Fees: It’s free to access the basic version of the Site, but only members are eligible to use the Services.

 

Age: You are not authorized to access or use the Site or any Service if you are under 13 years old. Individuals under 16 years old must at all times use the Site and Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user or Services member and will be responsible for any and all use of the Site and Services by the individual under 16.

 

Compliance: To be eligible to use the Site and Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Service, the Privacy Policy, and all other operating rules, policies, and procedures that Joy may publish from time to time on the Site, each of which is incorporated herein by reference and each of which Joy may update from time to time without notice to you. See the “Modification to the Terms of Service” Section below for more information.

 

Joy’s Right to Revoke, Suspend, or Restrict Eligibility: Joy may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Joy Service. If Joy bans you from the Site or any Joy Service, you may not return to the Site or use that Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Service after you’ve been banned, you will be deemed to have breached these Terms, and Joy reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

 

  1. Use of Site and Services

 

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account. You agree to:

  1. immediately notify Joy of any unauthorized use of your password or account or any other security breach, and
  2. ensure that you exit from your account at the end of each Service session.

Joy will not be liable for any loss or damage arising from your failure to comply.

 

Account Information: In the course of your use of the Site or Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, “Account Information”). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Joy’s Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

 

Member Account Transfer Limitations: You may only transfer your Joy account or username to another party after contacting Joy and obtaining approval for the transfer. You are fully responsible for all activity of your Joy account and username.

 

Member Behavior: Name-calling, threats, racist or sexist comments, hate speech (or any comments which could be interpreted as such), and demeaning language based on race, ethnicity, religion, gender, gender identity, disability, or sexual orientation is prohibited. We reserve the right to cancel your user account and subscription at any time if you violate these terms.

 

  1. Membership and Renewal

 

Members purchase a subscription to Joy Parenting Club, which includes use of the Joy On Call text service. Joy offers multiple subscription tiers which can be purchased as part of a package within participating hospitals or directly on https://www.joy.co with automatic renewal. Depending on how the membership was initially purchased, the subscription charge may be listed as from Joy Parenting, Bella Baby Photography, Welcome Newborn, or VIP Rec. Memberships can be billed either monthly, quarterly, or annually and may/may not include a free trial.

 

If you have opted in to Joy On Call’s text service, you agree to receive text messages that may be for customer service, marketing or receiving relevant information from Joy, including text messages that may be sent using an automatic telephone dialing system. These messages will be sent to the mobile number you provided when signing up or any other number that you designate. Please note Message and Data rates may apply. If you do not wish to continue participating in any service utilizing text or no longer agree to these Terms, you may text the applicable Short Code STOP, END, CANCEL, UNSUBSCRIBE, or QUIT (or regular long code phone number where applicable) or directly reply to any mobile message received from Joy On Call to opt-out. You understand that this may impact the services you can receive. You may receive an additional mobile message confirming your decision to opt out.

 

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial payment and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges prior to cancellation.

 

Quarterly Subscription: By purchasing a Quarterly Subscription, you agree to an initial pre-payment for one quarter (three months) of service and a recurring Quarterly Subscription renewal fee at the then-current Quarterly Subscription rate. You accept responsibility for all recurring charges prior to cancellation.

 

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. You accept responsibility for all recurring charges prior to cancellation.

 

Cancellation Policy for Subscription Renewals: Once processed by Joy, subscription fees are non-refundable. You may cancel your Subscription Renewal at any time after you were billed for the then-current month, quarter, or year by logging into your account and following the cancellation procedures or by emailing us at support@joy.co. If you cancel your subscription you can re-subscribe any time.

 

Fees and Billing: Prices are quoted in U.S. dollars, EUR Euros, or GBP Pounds Sterling. You agree to pay in full the price for the Service by credit card, debit card, or by any other payment means acceptable to Joy as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Joy does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

 

  1. Legal Disputes

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL

HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND JOY HAVE AGAINST

EACH OTHER ARE RESOLVED. You and Joy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Site or Services, or any products purchased through the Site or Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief: You and Joy agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Joy agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.

 

Mandatory Arbitration: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide. You and Joy each agree that any and all disputes or claims that have arisen or that may arise between you and Joy relating in any way to or arising out of this or previous versions of these Terms, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA’s rules will govern the number of arbitrators that may preside over an arbitration

conducted under this agreement to arbitrate in this Legal Disputes Section.

 

Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California, as set forth in the “Miscellaneous” Section under the “Choice of Law” heading. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.

 

Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Joy must be resolved exclusively by a state or federal court located in San Francisco County, California. You and Joy agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

 

  1. Limitation of Liability

 

In no event shall Joy or Joy’s officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or any third party in connection with this agreement or your use of the Site or Joy Services, including lost profits, personal injury, emotional distress, death, and any special, incidental or consequential damages.

 

The liability of Joy and Joy’s officers, directors, employees, and suppliers to you or any third party in any circumstance is limited to the greater of: (1) the total fees, if any, you pay to joy in the 12 months prior to the action giving rise to liability; and (2) 1,100.00 U.S. Dollars. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

 

  1. Indemnity

 

You agree to indemnify and hold Joy and its officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of this agreement including the documents it incorporates by reference; (2) your violation of any law; or (3) your violation of any right of a third party. Joy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Joy’s defense of such claim.

 

  1. Modifications to the Terms of Service

 

We may change the Terms of Service at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Service revisions. Changes in the Terms of Service will be effective when posted. If Joy makes a material change, Joy will notify you here in these Terms or by any other means we deem appropriate. Joy may determine, in its sole discretion, in good faith, what constitutes a “material change” using common sense and reasonable judgment. Your use of the Site after we have modified this posting will constitute your acceptance of any changes.

 

  1. Miscellaneous

 

Choice of Law: These Terms shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to these Terms.

 

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term, and Joy’s failure to assert any right under these Terms shall not constitute a waiver of such right or provision.

 

Entire Agreement: These Terms, together with our Privacy Policy and all other operating rules, policies, procedures, and additional terms that Joy may publish from time to time on the Site, constitutes the entire agreement between you and Joy concerning your use of the Site and Services. Joy reserves all rights not granted under these Terms.

 

Severability: If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

 

No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

 

Notice: Except as explicitly stated otherwise, any notice required or permitted by these Terms must be in writing. Any notice to Joy must be given by postal mail to Joy, Attention: Legal Department, 1788 Clay St. #312, San Francisco, CA 94109. Any notice to you may be given:

  1. to the email address you provide to Joy during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or
  2. by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Joy, in which case notice will be deemed sufficient three days after the mailing date.

 

Survival: The provisions of this Section shall survive until termination or expiration of

these Terms.

 

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