TERMS OF SERVICE

This Privacy Policy was last updated on August 19, 2015.

Welcome to Joymode!

Joymode, Inc. (“Joymode,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.joymode.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these 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 these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://joymode.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

  • Services Description

    The Service is designed to permit subscribers to reserve and rent leisure equipment offered on the Site (“Equipment”) for periodic, short-term use. The term of your Equipment rental will begin upon the arrival of the Equipment at your designated shipping location by carrier or when you pick up at a local facility (your “Acceptance”), and will end upon receipt Joymode at its local facility, either through a carrier or by personal drop off.

  • Your Registration Obligations

    You may be required to register with Joymode in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

  • Member Account, Password and Security

    You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Joymode of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Joymode will not be liable for any loss or damage arising from your failure to comply with this Section.

  • Modifications to Service

    Joymode reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Joymode will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  • General Practices Regarding Use and Storage

    You acknowledge that Joymode may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Joymode’s servers on your behalf. You agree that Joymode has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Joymode reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Joymode reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  • Mobile Services

    The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Joymode and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Joymode account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

  • Usage and Care of Equipment

    You agree that upon your Acceptance and until Return, you (and not Joymode) will be responsible for any loss, damage, or destruction of the Equipment, including damage caused by an unforeseen and uncontrollable event, and you agree to return the Equipment in the same condition as you received the Equipment (with the exception or ordinary wear and tear, the “Rental Condition”). You agree that you will use any Equipment solely for its intended and reasonably foreseeable use, and further that you will:

    • comply with all applicable laws in the use of the Equipment, and will not use the Equipment by or for illegal means or purposes;
    • rent, lease, sublease, or timeshare any Equipment;
    • use the Equipment for personal and leisure purposes, and not for any commercial or business purpose;
    • use at least reasonable care in the operation or use of the Equipment, and in accordance with any notices or restrictions made available to you by Joymode which accompany the Equipment;
    • use the Equipment solely in an environment and under circumstances which are reasonably safe for its intended use;
    • take all reasonable action to keep the equipment clean and in Rental Condition.
  • User Conduct

    You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Joymode. Joymode reserves the right to investigate and take appropriate legal action against anyone who, in Joymode’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

    • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Joymode, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Joymode or its users to any harm or liability of any type;
    • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
    • violate any applicable local, state, national or international law, or any regulations having the force of law;
    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • solicit personal information from anyone under the age of 18;
    • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
    • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
    • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
  • Subscription Fees

    To the extent the Service or any portion thereof is made available for any fee, you will be required to select a subscription payment plan and provide Joymode information regarding your credit card or other payment instrument. You represent and warrant to Joymode that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Joymode the amount that is specified in the subscription payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Joymode to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.

  • Additional Fees

    You acknowledge that Joymode may charge additional fees for the rental of additional Equipment not included within your selected subscription payment plan, or for late Returns (together, “Additional Fees”) as described on the Site. You further authorize Joymode to bill your payment instrument from time to time for any such Additional Fees and (i) for the full replacement value as listed on the Site at the time of your rental (the “Replacement Value”) of any Equipment which is destroyed or which you fail to Return within fourteen (14) days or notice from Joymode that your Equipment rental is overdue, and (ii) for the reasonable costs of repair or diminution in value which shall not, in either case, exceed Replacement Value, of any Equipment which Joymode determines, in its sole and reasonable discretion, was not returned in Rental Condition.

  • Other Payment Provisions

    If you dispute any charges you must let Joymode know within sixty (60) days after the date that Joymode charges you. We reserve the right to change Joymode’s prices. If Joymode does change prices, Joymode will provide notice of the change on the Site or in email to you, at Joymode’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Joymode may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Joymode thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices 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. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Joymode’s net income.

  • Commercial Use

    Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Apple-Enabled Software Applications

Joymode offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Joymode and you acknowledge that these Terms of Service are concluded between Joymode and you only, and not with Apple, and that as between Joymode and Apple, Joymode, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Joymode’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Joymode and you acknowledge that Joymode, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Joymode and Apple, Joymode, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Joymode as follows:
    support@joymode.com
    430 W 12th St, Los Angeles, California 90015

Joymode and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Intellectual Property Rights

  • Service Content, Software and Trademarks

    You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Joymode, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Joymode from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Joymode, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Joymode.

    The Joymode name and logos are trademarks and service marks of Joymode (collectively the “Joymode Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Joymode. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Joymode Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Joymode Trademarks will inure to our exclusive benefit.

  • Third Party Material

    Under no circumstances will Joymode be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Joymode does not pre-screen content, but that Joymode and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Joymode and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Joymode, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

  • User Content Transmitted Through the Service

    With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Joymode and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Joymode are non-confidential and Joymode will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

    You acknowledge and agree that Joymode may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Joymode, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  • Copyright Complaints

    Joymode respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Joymode of your infringement claim in accordance with the procedure set forth below.

    Joymode will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Joymode’s Copyright Agent at support@joymode.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at

    430 W 12th St, Los Angeles, California 90015 or facsimile at (208) 978-9776.

    To be effective, the notification must be in writing and contain the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  • Counter-Notice

    If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

    • your physical or electronic signature;
    • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

    If a counter-notice is received by the Copyright Agent, Joymode will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

  • Repeat Infringer Policy

    In accordance with the DMCA and other applicable law, Joymode has adopted a policy of terminating, in appropriate circumstances and at Joymode's sole discretion, users who are deemed to be repeat infringers. Joymode may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Joymode has no control over such sites and resources and Joymode is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Joymode will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Joymode is not liable for any loss or claim that you may have against any such third party.

Social Networking Services

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Joymode’s use, storage and disclosure of information related to you and your use of such services within Joymode (including your friend lists and the like), please see our Privacy Policy at www.joymode.com/privacy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Joymode shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Joymode is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Joymode is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Joymode enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Void Where Prohibited

Although this Site and the Services may be accessible worldwide, not all Equipment discussed or referenced in the Service are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of Equipment in one location or jurisdiction as compared to other locations or jurisdictions. You access the Services on your own initiative and at your own risk, and are responsible for compliance with local laws, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Service and/or the provision of any Equipment, product or service to any person, geographic area or jurisdiction, at any time and in our sole discretion.

Indemnity and Release

You agree to release, indemnify and hold Joymode and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Equipment or the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Personal Injury and Property Damage Limitation

Joymode is not responsible for any personal injury incurred while using our Equipment. IT IS UNDERSTOOD THAT YOU ARE VOLUNTARILY USING THE EQUIPMENT PROVIDED BY JOYMODE WITH FULL KNOWLEDGE THAT THERE ARE INHERENT RISKS, HAZARDS, AND DANGERS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH RECREATIONAL OR OUTDOOR ACTIVITIES, SUCH AS CAMPING, HIKING, BACKPACKGING, SPORTS, AND ANY OTHER ACTIVITY YOU MAY ENGAGE IN WHILE USING THE EQUIPMENT. YOU ASSUME AND ACCEPT ANY AND ALL RISKS THAT MAY BE ASSOCIATED WITH USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE RISK OF PROPERTY DAMAGE OR LOSS, SERIOUS INJURY, PARALYSIS OR DEATH.

Equipment may contain small parts or may otherwise be hazardous to children. Keep dangerous Equipment out of reach of children.

We do not expressly or otherwise guarantee or warrant the Equipment for any specific performance or purpose. If any item malfunctions or fails to perform as it is described, you agree to stop using it immediately and you agree our maximum liability to you is refund of the rental fee associated with that item. It is understood that forces of nature, and other occurrences while outdoors might create less than ideal conditions for your planned use of the Equipment. DO NOT USE OUR EQUIPMENT IF CONDITIONS ARE NOT APPROPRIATE OR IF YOU ARE NOT FAMILIAR WITH THE REQUIREMENTS FOR SAFE AND APPROPRIATE USEAGE OR IF THE EQUIPMENT APPEARS DAMAGED. Joymode cannot and will not assume any financial responsibility related to the quality of your experience while using our Equipment.

Items used for camping, sporting activities and any other outdoor recreation activities (including, but not limited to, camping stoves, grills, coffee related items, tents and sleeping bags) have specific considerations and cautions associated with their use. IT IS YOUR RESPONSIBILITY TO FAMILIARIZE YOURSELF WITH THE USER MANUALS AND WARNINGS FOR EACH ITEM YOU RENT FROM US, TO CHECK ALL ITEMS PRIOR TO EACH USE, AND TO USE THE EQUIPMENT PROPERLY.

You hereby agree to hold harmless and indemnify and defend Joymode and its officers, directors, employees and agents from and against any and all liabilities, losses, damages, demands, claims, suits, actions, judgments, causes of action, assessments, costs and expenses, including, without limitation, interests, penalties, attorneys' fees, any and all expenses incurred in investigating, preparing and defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation, asserted against, imposed upon, or incurred or suffered by any of them, directly or indirectly, as a result of or arising out of your use of the Equipment.

Arbitration

At Joymode’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Los Angeles, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if Joymode changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Joymode’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Joymode in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination

You agree that Joymode, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Joymode believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Joymode may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Joymode may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Joymode will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Joymode will have no liability or responsibility with respect thereto. Joymode reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Joymode and govern your use of the Service, superseding any prior agreements between you and Joymode with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Joymode agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California. The failure of Joymode to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Joymode, but Joymode may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Joymode, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Joymode, Inc.,

430 W 12th St, Los Angeles, California 90015

Questions? Concerns? Suggestions?

Please contact us at support@joymode.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.