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Terms and Conditions

Effective Date: 6/21/2024

 

Jewish Joy LLC (“Company”, “we”, “us”, or “our”) offers subscription and online retail services through our website https://thejewishjoybox.com (the “Services”). These Terms govern your access to and use of our Services offered by us. We have provided short summaries of each section of these Terms of Use (“Terms”) for your convenience; these summaries are not legally binding, only the full legal terms are binding.

 

1.   Account terms

Short Version: These Terms govern all visitors to our website and users of our Services. If you represent an entity, you are agreeing to that entity to be bound by these Terms;  you have to be 18 to create an account; we may revise these Terms on occasion and will provide notice of any material changes prior to their taking effect; you have to provide certain information to create an account, including your name, email, phone number and email address;  you, not us, are responsible for the security of your account and are responsible for all use of the website and Services through your account. 

 

1.1. Acceptance of Terms

All references to “you”, “your,” means each person who accesses or visits the website and/or subscribes to or uses the Services (a “Subscriber”). If you use the website or the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” will refer to that entity. Subscription to the Services is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By subscribing to or using the Services, you represent and warrant that you are eligible.

 

1.2. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. We will notify you of material changes via an announcement on the website and/or emailing you about the changes. All changes are effective immediately when we post them, or the effective date stated in the notice, if applicable, and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the website.

Your continued use of the website or the Services following the effective date of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

1.3. Accessing the Services

We reserve the right to withdraw or amend the website and any Service we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to parts or all of the Services, to users, including Subscribers.

You are responsible for:

  • Making all arrangements necessary for you to have access to the website.
  • Ensuring that all persons who access the website through your internet connection are aware of these Terms and comply with them.

 

1.4. Account Registration

To access certain Services, you may be asked to provide registration details or other information. It is a condition of your use of the Services that all the information you provide on the website is correct, current and complete. You agree that all information you provide to register for the Services or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy https://thejewishjoybox.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

By creating an account and clicking I AGREE below, you agree and consent to:

  • Our Privacy Policy and use of cookies
  • Our Terms of service for mandatory binding arbitration
  • Our Terms of service for emails sent to you for account management purposes 

Please note that if you sign up using an email address from your employer or another entity, then (a) you will be deemed to represent such party, (b) your click of I AGREE will bind your employer or that entity to these terms, and (c) the word “you” or “Subscriber” in these terms will refer to you and your employer or that entity.

 

1.5. Account Security

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

2.   Purchases and Terms of Sale

Short Version: Orders are considered offers to buy, subject to acceptance by us. Prices, discounts, and promotions may change without notice. We arrange shipment, and you are responsible for paying shipping and handling fees. Title and risk of loss transfer to you upon product transfer to the carrier. Returns are accepted within 30 days of delivery, except for final sale items, with proof of purchase and in original condition. Refunds are processed within approximately three business days to the original payment method. Non-returnable products are not eligible for refunds, and for defective items, refer to the manufacturer's warranty or product description.

 

2.1. Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

2.2. Prices

All prices, discounts, and promotions posted on our website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

2.3. Shipment; Delivery; Title and Risk of Loss

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

2.4. Refunds

Except for any products designated on the website as final sale or non-returnable, we will accept a refund of your product for your purchase price, less the original shipping and handling costs, under certain circumstances: if your order cannot be completed due to limitations in materials available, a planned product that had taken pre-orders is no longer going to be made, at your request if a pre-ordered product is changing from its original configuration, a product has not been shipped after 30 days from expected date of delivery, or as otherwise approved in our sole discretion on a case-by-case basis.

Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

 

3.     Subscription terms

Short Version: If you subscribe to the Services, the length of your subscription will be on set out in your registration notice, and will automatically renew until cancelled by us or you. Either of us may terminate the subscription for any reason. If your subscription is cancelled, we may retain some of your information to meet our legal obligations.

 

3.1. Subscription Term

In using our subscription Service and becoming a Subscriber, you are subscribing to the term indicated during your registration. Unless and until terminated in accordance with this Section 9, your subscription will automatically renew upon the conclusion of each term for successive terms of the same duration.

 

3.2. Termination

 

3.2.1. Termination by You

You may terminate your subscription with us at any time through your account settings https://checkout.thejewishjoybox.com/account/summary.

 

3.2.2. Termination by Us

We retain the right to terminate your subscription at any time and for any reason, with or without cause/if you violate these Terms.

 

3.3. Effect of Termination

If you elect to cancel your subscription, we may retain some of your information in order to comply with legal obligations, resolve any disputes, and enforce our agreements. Beyond those circumstances, we will delete your information within 30 days of termination.

You are responsible for payment of all outstanding fees owed at the effective time of termination. We will not issue refunds or credits due to termination prior to the end of your current term.

 

4.   Subscription Payment

Short version: You are required to pay the fees associated with your use of the Services on time. We use a third party provider to process payments, and processing of payments is subject to their terms, not ours.

 

4.1. Recurring Fees

Subscription to our Services is billed on a monthly, quarterly, or annual basis in advance, and is non-refundable. We do not issue refunds due to early termination, downgrades in service, or unused terms for active accounts. By registering for a subscription, you authorize us to on a recurring basis at the then current rate. in accordance with the terms of service.

 

4.2. Changes to Fees

We reserve the right to modify our fees from time to time. If we do so, we will provide at least 30 days’ notice of upcoming changes to our website and via email. New pricing will take effect beginning with your next term/billing cycle following the completion of the notice period described above.

 

4.3. Payment Processor

We use a third-party payment processor (“Payment Processor”) to charge you for fees in connection with the Services. Processing of payments will be subject to the terms, conditions, and privacy policies of our Payment Processor, in addition to these Terms. You must have a payment method on file with the Payment Processor when using the website and pay all fees and applicable taxes associated with your use of the website when due. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if the payment has already been requested or received.

 

5.   Intellectual Property Rights

Short version: Our website and Services are owned by us. We allow you to use them in order to receive Services, but only in the ways we permit. Any feedback you share about our website also belongs to us.

 

5.1. General

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

5.2. Company Marks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on our website are the trademarks of their respective owners.

 

5.3. Feedback

We welcome and encourage feedback about our website and Services. By providing feedback, suggestions, or ideas ("Feedback") to us, you acknowledge and agree that all Feedback becomes the property of the Company. We have the unrestricted right to use, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any manner and for any purpose, without any additional charge or obligation to you. We are under no obligation to keep any Feedback confidential and may use it for any purpose, including but not limited to product development, marketing, and improving the website and our Services.

 

6.   Prohibited Uses

Short version: There are certain ways in which you cannot use our website, like for harmful, illegal, or competitive purposes.

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to use the website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm the Company or users of the website or expose them to liability.
  • Modify or make copies of any materials from the website.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the website.
  • Access or use for any commercial purposes any part of the website or any services or materials available through the website.

 

Additionally, you agree not to:

  • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part;
  • Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website.
  • Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
  • Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the website.

 

7.   Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

Our website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

 

8.   Information About You and Your Visits to the website

All information we collect on our website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

9.   Linking to the website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on our website.
  • Send emails or other communications with certain content, or links to certain content, on our website.
  • Cause limited portions of content on our website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the website other than the homepage.
  • Otherwise take any action with respect to the materials on our website that is inconsistent with any other provision of these Terms.

We will approve link requests from other organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Jewish Joy LLC; and (d) the link is in the context of general resource information. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission or disable all or any social media features without notice in our discretion.

Without prior approval and written permission, you may not create frames around our website that alter in any way the visual presentation or appearance of our website.

 

10.       Links from the website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

11.       Geographic Restrictions

We provide our website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

12.       Disclaimer of Warranties

Short Version: Our website and the goods offered through it are provided as is, and we do not make promises or guarantees relating to our Services.

We do not manufacture or control any of the products or services offered through our Services. The availability of products or services through our website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our website.

All products and services offered on our website are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you.

Your use of the website, its content and any Services is at your own risk. The website, its content and our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the website, its content or any Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or Services are free of viruses or other harmful components or that the platform or any services will otherwise meet your needs or expectations.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any Services.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

13.       Limitation on Liability

Short Version: We are not liable for losses arising from your use of or inability to use the website or material provided through the website, regardless of the nature of those losses.

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with (1) your use, or inability to use, the website or any materials provided through the website, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

14.       Indemnification

Short Version: You are responsible to us for damages we may suffer from your violation of these Terms or your use of the website except as approved by us.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the website (including, but not limited to, your User Content), or any use of the website's content or Services other than as expressly authorized in these Terms.

 

15.       Miscellaneous

 

15.1.     Survival

All provisions of these Terms which, by their nature, should survive termination will survive termination, including without limitation Intellectual Property Rights, Disclaimer of Warranty, Limitation on Liability, and Indemnification.

 

15.2.    Governing Law and Jurisdiction

All matters relating to the website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia in each case located in Fairfax County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

15.3. Arbitration

At the Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms or the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.

 

15.4. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

15.5. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Jewish Joy LLC with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.

 

15.6. Your Comments and Concerns

All notices of copyright infringement claims, all other feedback, comments, requests for technical support and other communications relating to the website should be directed to: info@jewish-joy.com.

 

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