Terms of Service
Terms of Service
Last updated on February 20, 2025
Agreeing to Our Legal Terms
We are Juyangnrg Inc. ("Company," "we," "our"), a U.S. corporation located at 590 Townsend St, San Francisco, CA 94103, USA.
We operate the website https://juyangnrg.com (the "Website"), and any other related products and services that reference or link to these Legal Terms (the "Legal Terms") (collectively, the "Service").
You can contact us by phone at +1 415-766-4399, email at Support@juyangnrg.com, or mail to our New York address listed above.
These Legal Terms constitute a legally binding agreement between you (whether acting personally or on behalf of an individual or entity ("you")) and Juyangnrg Inc. regarding your access to and use of the Service. You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Legal Terms. If you do not agree to all of these Legal Terms, you are expressly prohibited from using the Services and must immediately cease using the Services. In no event will Juyangnrg Inc. be liable to any person or entity for any claims, costs, damages, expenses, losses, liabilities, losses, or the like arising out of or related to your use of the Services in violation of these Legal Terms.
Supplemental terms and conditions or documents that may be posted from time to time on the Services are hereby expressly incorporated herein by reference. Unless otherwise specified, these Legal Terms take precedence over any conflicting supplemental terms and conditions. We reserve the right, in our sole discretion, to change or modify these Legal Terms at any time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms periodically to stay informed of updates. You will be subject to, and will be deemed to have been informed of and to have accepted, any revised Legal Terms by your continued use of the Services after the date of the posting of revised Legal Terms.
The Services are intended for users who are 18 years of age or older. Users under 18 are not allowed to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
Table of Contents
1. Our Services
2. Intellectual Property
3. User Representations
4. User Registration
5. Products
6. Purchases and Payments
7. Subscriptions
8. Return/Refund Policy
9. Prohibited Activities
10. User-Generated Contributions
11. Contribution License
12. Review Guidelines
13. Third-Party Websites and Content
14. Service Administration
15. Privacy Policy
16. Term and Termination
17. Modifications and Interruptions
18. Governing Law
19. Dispute Resolution
20. Corrections
21. Disclaimer
22. Limitation of Liability
23. Indemnification
24. User Data
25. Electronic Communications, Transactions, and Signatures
26. Text Messages
27. California Users and Residents
28. Other
29. Contact Us
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Therefore, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable.
The Services are not tailored to industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA)). Therefore, if your interactions are subject to such laws, you may not use the Services. You may not use the Services in violation of the Gramm-Leach-Bliley Act (GLBA). Notwithstanding the foregoing, this Service Disclaimer does not in any way relieve us of our obligation to comply with all applicable laws and regulations.
2. Intellectual Property
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Services, including, but not limited to, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (as well as various other intellectual property and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided "as is" solely for your use of the Services and may not be used in any way without our prior express written consent.
Your Use of Our Services
Subject to your compliance with these Legal Terms (including the "Prohibited Activities" section below), we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access,
for your personal records only.
Except as provided in this section or elsewhere in our Legal Terms, no part of the Service and any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission.
If you wish to use the Service, Content, or Marks in a manner not provided for in this section or elsewhere in our Legal Terms, please send your request to: Support@juyangnrg.com.
We reserve all rights in the Service, Content, and Marks not expressly granted to you under these Legal Terms.
Any violation of these intellectual property rights will constitute a material breach of our Legal Terms, will immediately terminate your right to use our Service, and may subject you to legal action.
Your Submissions
Before using our Service, please read this section and the "Prohibited Activities" section carefully to understand (a) the rights you grant us and (b) your obligations when posting or uploading any Content through the Service.
Submissions: By directly sending us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (collectively, "Submissions"), you agree to assign to us any and all rights in such Submissions, including, without limitation, any intellectual property rights therein. You agree that any Submissions you provide will become the exclusive property of Juyangnrg Inc. You hereby assign to us all right, title, and interest in and to any and all Submissions, and we have the unrestricted right to use them for any lawful purpose (commercial or otherwise) without acknowledgment or compensation to you. No further documentation or formalities are required to prove or perfect our ownership of your Submissions.
You are responsible for the content you post or upload: By submitting content to us through any part of the Service, you:
Confirm that you have read and agree to our "Prohibited Activities" and will not post, send, publish, upload, or transmit through the Service any Submissions that are unlawful, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any individual or group, pornographic, false, inaccurate, deceptive, or misleading;
Waive any and all moral rights in any such Submissions, to the extent permitted by applicable law;
Warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the rights set forth above with respect to your Submissions; and
Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to indemnify, defend, hold harmless, and pay or reimburse us for any and all claims, damages, losses, liabilities, costs, and/or expenses (including attorneys' fees) incurred by us as a result of your violation of (a) this section, (b) any third party's intellectual property rights, or (c) applicable laws or regulations.
3. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to abide by these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a robot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable laws or regulations.
If you provide any untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your account without notice, penalty, or appropriate compensation, and refuse any and all current or future use of the Services (or any portion thereof).
4. User Registration
You may be required to register to use the Services. Upon registration, you agree to keep your password confidential and accept full responsibility for all activities that occur under your account. We reserve the right to delete, reclaim, or change any username that we deem, in our sole discretion, inappropriate, obscene, or otherwise objectionable. You are responsible for all actions taken through your registered account. We are not responsible for any use or misuse of your account. Furthermore, we reserve the right to suspend or terminate any account that we, in our sole discretion, deem to be in violation of these Terms or any applicable laws and regulations.
5. Products
We make every effort to accurately display the colors, features, specifications, and details of the products offered on the Service. However, we cannot guarantee that the colors, features, specifications, and details of the products are accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability; we cannot guarantee the availability of items or the restocking of out-of-stock products. We reserve the right to discontinue the sale of any product at any time, for any reason, without prior notice. Prices of all products are subject to change without notice and are subject to all applicable laws and regulations.
6. Purchases and Payments
We accept the following payment methods:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
- Apple Pay
- Google Pay
- Venmo
- TrueMed
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Service. You further agree to promptly update your account and payment information, including but not limited to any email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We will, at our sole discretion, add sales tax to the purchase price. We may change prices at any time, subject to all applicable laws and regulations. All payments are made in U.S. dollars, and you are responsible for any conversion fees that may be required or applicable.
You agree to pay all charges at the then-current purchase price plus any applicable shipping costs, and authorize us to charge your selected payment provider for all such charges associated with your order after you place your order. You agree that we may correct any pricing errors and reserve the right to do so even if we have already requested or received payment. If such corrections cause you to change your purchasing decision, you must follow the policies and procedures outlined in our Return Policy.
We reserve the right to refuse any order placed through the Service. We may, in our sole discretion, limit or cancel purchase quantities per person, per household, or per order. These restrictions may include, but are not limited to, orders placed by the same customer account, orders using the same payment method, and/or orders using the same billing or shipping address. We reserve the right, in our sole discretion and judgment, to limit or prohibit orders that appear to be placed by dealers, resellers, distributors, or similar entities.
7. Subscriptions
Billing and Renewal
Your subscription will continue and automatically renew unless you cancel it. You consent to recurring charges from your payment method, without your prior approval, until you cancel the applicable order. Your billing cycle depends on the subscription plan you selected when you subscribed to the Service.
Cancellation
You can cancel your subscription at any time by logging into your account. Cancellation will be effective at the end of the then-current subscription period. If you have any questions or are dissatisfied with our service, please email Support@juyangnrg.com.
Fee Changes
We may change subscription fees from time to time and will notify you of any price changes in accordance with all applicable laws and regulations.
8. Return/Refund Policy
Please review our return policy posted on the Service before making any purchase.
9. Prohibited Activities
You may not access or use the Service for any purpose other than for which we provide the Service. You may not use the Service for any commercial endeavors other than those that we specifically endorse or approve.
As a user of the Service, you agree not to:
Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein.
Disparage, defame, or otherwise harm us and/or the Service in our sole discretion.
Use any information obtained from the Service to harass, abuse, or harm others.
Improperly use our support services or submit false reports of abuse or misconduct.
Use the Services in any manner inconsistent with any applicable laws or regulations.
Frame or link to the Services without authorization.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Remove copyright or other proprietary notices from any content.
Attempt to impersonate another user or person or use another user's username.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to explicit content.formatting ("GIFs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMS").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any employee or agent involved in providing any service to you.
Attempt to bypass any measures on the Services designed to prevent or restrict access to the Services or any portion of the Services.
Copy or adapt the software used in the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, you may not decrypt, decompile, disassemble, or reverse engineer any software comprising or in any way making up a part of the Services.
Except as a result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a purchasing agent or a purchasing agent to make purchases on the Services.
Unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Service as part of any effort to compete with us, or otherwise use the Service and/or Content for any revenue-generating endeavor or commercial enterprise.
Use the Service to advertise or offer for sale goods and services.
Sell or otherwise transfer your personal data.
10. User-Generated Contributions
The Service does not allow users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials, to us or on the Service (collectively, "Contributions"). Your Contributions may be viewable by other users of the Service and through third-party websites. Accordingly, any Contributions you transmit may be processed in accordance with the Service's Privacy Policy. When you create or provide any Contributions, you hereby represent and warrant that:
The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party.
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Legal Terms.
You have the written consent, authorization, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions do not contain content that is obscene, lewd, lascivious, filthy, violent, harassing, libellous, defamatory, slanderous, or otherwise objectionable (as determined by us in our sole discretion).
Your Contributions do not ridicule, mock, demean, intimidate, or abuse anyone.
Your Contributions will not be used to harass or threaten any other person, or to incite violence against any specific person or group.
Your Contributions do not violate any applicable laws, regulations, or rules.
Your Contributions do not infringe upon the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable laws regarding child pornography or are not intended to protect the health or well-being of minors.
Your Contributions do not contain any offensive comments based on race, national origin, gender, sexual orientation, or physical disability.
Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable laws or regulations.
Any use of the Service in violation of the foregoing is a violation of these Legal Terms and may result in the termination or suspension of your rights to use the Service.
11. License to Contributions
You and the Service agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of this Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback about the Services, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim any ownership rights in your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions. You acknowledge and agree that you are solely responsible for all content and statements in your Contributions. By providing your Contributions, you agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to your Contributions, including any claim based on their accuracy, legality, or appropriateness. You further agree not to take any legal action against us regarding your Contributions.
12. Review Guidelines
We may provide areas on the Services for you to leave reviews or ratings. When posting a review, you must adhere to the following standards: (1) you should have first-hand experience with the person/entity being reviewed; (2) your review should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your review should not contain discriminatory remarks based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (4) your review should not contain references to illegal activities; (5) if posting a negative review, you should not be affiliated with a competitor; (6) you should not draw any conclusions about the legality of an action; (7) you should not post any false or misleading statements; and (8) you should not organize a campaign to encourage others to post reviews, whether positive or negative. We reserve the right to accept, reject, or delete any review at our sole discretion. We have no obligation to screen reviews or delete reviews, even if any review is deemed offensive or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our views or the views of any of our affiliates or partners. You agree that we are not responsible or liable for any reviews or for any costs, claims, damages, expenses, losses, liabilities, losses, or the like arising from any reviews. Furthermore, you agree to indemnify, defend, and hold us harmless from any and all actions, expenses, claims, liabilities, losses, or similar matters arising from any Comments you post or related to your account. By posting a Comment, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to reproduce, modify, translate, transmit in any manner, display, perform, and/or distribute all content related to the Comments.
13. Third-Party Websites and Content
The Service may contain (or you may receive through the Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party websites accessed through the Service or any third-party content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites or third-party content. Inclusion of, linking to, or permitting the use or installation of any third-party websites or third-party content does not imply approval or endorsement by us. If you decide to leave the Service and access a third-party website or use or install any third-party content, you do so at your own risk, and you should be aware these Legal Terms are no longer binding. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or associated with any applications you use or install from the Service. Any purchases you make through third-party websites will be through other websites and from other companies, and we are not responsible for such purchases which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites, and you will hold us harmless from any claims, costs, harms, expenses, damages, liabilities, losses, or the like resulting from your purchase of such products or services or from any Third Party Content or any contact with Third Party Websites.
14. Service Management
We reserve the right (but have no obligation) to: (1) monitor the Service for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates applicable laws, regulations, or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without restriction, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without restriction, notice, or liability, remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
15. Privacy Policy
We take data privacy and security seriously. Please review our Privacy Policy: https://juyangnrg.com/pages/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable U.S. law, then through your continued use of the Services, you will be transferring your data to the United States, and you expressly consent to having your data transferred to and processed in the United States.
16. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including, without limitation, blocking certain IP addresses) to any person or entity for any or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services, or delete your account and any content or information you have posted, at any time, without prior warning, in our sole discretion.
If we terminate or suspend your account for any reason, you will be prohibited from registering and creating new accounts under your real name, a pseudonym, a borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive relief.
17. Modifications and Discontinuances
We reserve the right to change, modify, or remove content from the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in the Service. We also reserve the right to modify or discontinue all or part of the Service at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, discontinuance, or similar action of any Service.
We cannot guarantee that the Service will always be available. Among other potential obstacles, we may encounter hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, modify, update, suspend, discontinue, or otherwise modify the Service at any time and for any reason without notice. You agree that we have no liability for any claims, costs, damages, expenses, liabilities, losses, or similar losses or inconveniences arising from your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. Governing Law
These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
19. Dispute Resolution
Binding Arbitration
If the parties are unable to resolve any dispute informally, the dispute (except as expressly excluded below) shall be finally and exclusively settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA's Consumer Rules. By agreeing to these Terms, you acknowledge that you are waiving your right to a jury trial and your right to litigate in court with respect to any and all claims, except as expressly provided in these Legal Terms. The arbitration will be conducted by a single arbitrator, who may resolve the dispute through documents, telephone, online hearings, or in person. The arbitrator's decision shall be in writing (without a statement of reasons, unless requested by either party) and shall be binding. Unless otherwise provided by the AAA rules or applicable law, the arbitration shall take place in New York, New York, U.S.A. Notwithstanding the foregoing, either party may petition a court to compel arbitration, stay proceedings, or confirm, modify, vacate, or enforce an arbitral award, without violating these Terms.
If any dispute proceeds in court rather than arbitration, the parties agree that the proceeding shall be promptly transferred to arbitration in accordance with these Terms, and neither party shall object to such transfer. Any proceeding brought in court may be effectively transferred to arbitration, with all associated costs borne by the party initiating the court action. However, if a dispute does not qualify for arbitration or is refused transfer, or if court action is permitted under these Terms, then such action shall be brought exclusively in the state or federal courts located in New York, New York, U.S.A. By agreeing to these Terms, you consent to personal jurisdiction and waive any defense of forum non conveniens. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) shall not apply to these Terms.
Any claim arising out of or relating to the Service must be filed within one (1) year after the cause of action arises. If any part of this limitation clause is held invalid or unenforceable with respect to a claim, that portion shall be heard in court in the State of New York, USA, as provided above.
Limitations
The parties agree that any arbitration shall be limited to the Dispute between the parties. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there shall be no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there shall be no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
Notwithstanding the foregoing, the following Disputes shall not be subject to arbitration:To resolve: (a) disputes concerning the validity or enforceability of any party's intellectual property rights; (b) disputes arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive or equitable relief.
20. Corrections
The information on the Service may include typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the Service at any time without notice.
21. Disclaimer
The Service is provided on an "as is" and "as available" basis. You agree that your use of the Service is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ANY THIRD PARTY TRANSMITTED TO OR THROUGH THE SERVICE; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, OR GUARANTEE AND ASSUME NO RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVER AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR OWN JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATION OF LIABILITY
In no event shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including, but not limited to, lost profits, lost revenue, lost data, or other damages arising out of your use of the Service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us in the six (6) months prior to any cause of action. Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you might have additional rights under the law. If one of the above disclaimers or limitations does not apply to you by law or similar provision, all other disclaimers or limitations set forth herein shall remain in full force and effect.
23. Indemnification You agree to defend, indemnify, and hold us (including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees) harmless from and against any costs, losses, harms, expenses, damages, liabilities, claims, demands, and/or expenses (including reasonable attorneys' fees) arising out of or resulting from: (1) your use of the Service; (2) your breach of these Legal Terms; (3) your breach of the representations and warranties made in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful conduct towards any other user of the Service with whom you connect through the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. Upon becoming aware of any such claim, action, or proceeding, we will use reasonable efforts to notify you of the claim, action, or proceeding that is subject to this indemnification. 24. User Data We will maintain certain data that you transmit to the Service for purposes of managing the operation of the Service and relating to your use of the Service. Although we perform regular backups of data, you are solely responsible for all data you transmit or that relates to any activity you have undertaken using the Services. You agree that we have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
25. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. SMS/MMS Mobile Messaging Marketing Program Terms and Conditions
TUSHY ("we") offers a mobile messaging program (the "Program"), and you agree to use and participate in the Program in accordance with these Mobile Messaging Terms and Conditions (the "Agreement") and our Mobile Messaging Privacy Policy. By opting in or participating in the Program, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described in the "Dispute Resolution" section below. This Agreement is limited to the Program and does not modify any other terms and conditions or privacy policies that may govern the relationship between you and us in other contexts.
26.1 User Opt-In. The Program allows users ("Users," "you") to receive SMS/MMS mobile messages by actively opting in to the Program (e.g., through an online or application-based registration form). By opting in, you expressly consent to our use of electronic records to record your consent to participate in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opt in to. By completing the opt-in process, you represent that you are the account holder of the mobile phone number you provided and that you will promptly notify us of any changes to your mobile phone number. Consenting to receive automated marketing text messages is not a condition of purchasing any product from us. Messages may include updates, reminders, and information (e.g., order updates, account alerts, etc.), as well as promotions, special offers, and other marketing offers (e.g., shopping cart reminders). Although you consent to receive messages sent using an autodialer, the foregoing should not be construed to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
26.2 User Opt-Out. If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to reply to a text message with "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to opt-out. You may receive another text message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that alter, change, or modify the "stop," "end," "cancel," "unsubscribe," or "exit" keyword commands, such as by using different spellings or adding additional words or phrases to the command, and agree that we and our service providers are not responsible for any failure to execute such requests. You also understand and agree that any other method of opting out, including but not limited to sending text messages other than those described above or verbally requesting one of our employees to remove you from our list, is not a reasonable method of opting out.
26.3 Notice and Indemnification Obligations. You agree to provide a valid mobile phone number for this Program. If you change or deactivate your mobile phone number, you agree to promptly notify us at hello@hellotushy.com (or other available contact information) so that we may remove your number. To the extent permitted by applicable law, we are not responsible for the failed, delayed, or misdelivery of any messages sent through this Program, any errors in such messages, and/or any actions you may or may not take in reliance on such messages or this Program. You agree to indemnify, defend, and hold us harmless from any claims or damages arising from your failure to provide a valid mobile phone number or to promptly notify us of any changes.
26.4 Program Description. Without limiting the scope of this Program, users who opt in to this Program will receive information about the marketing and sales of TUSHY products, as well as informational or transactional messages (e.g., order updates, account reminders, etc.). Promotional information may include sales, special offers, and other marketing offers (e.g., shopping cart reminders).
26.5 Fees and Frequency. Text message and data rates may apply. This Program involves scheduled text messages, and additional text messages may be sent periodically based on your interactions with us. The frequency of text messages will vary. We reserve the right to adjust the frequency of text messages at any time to increase or decrease the total number of text messages.
26.6 Support Instructions. For support related to this Program, please text "HELP" to the number you received the message from, or email hello@hellotushy.com. Please note that opt-outs using this email address are not acceptable. Opt-outs must be submitted according to the procedures set forth in Section 11.2 above.
26.7 MMS Disclosure. If your mobile device does not support MMS, this Program will send SMS™ (termination messages). Delivery of mobile messages is dependent on the availability of transmissions from your wireless service provider/network operator and is beyond our control.
26.8 Our Disclaimer. This Program is provided on an "as is" basis and may not be available in all areas at all times. It may not continue to function if your wireless carrier makes product, software, coverage, or other changes. We are not responsible for any delays or failures in receiving mobile messages related to this Program. Carriers are not responsible for delayed or undelivered mobile messages.
26.9 Participant Requirements. To participate in this Program, you must own a wireless device capable of two-way messaging, use a participating wireless carrier, and be a subscriber to a wireless service with text messaging service. Not all mobile carriers offer the services required to participate in the Program. Please review your phone features and plan details for specific text messaging instructions and fees. In addition, you may use or participate in the Program only if: (i) you are a resident of the United States; (ii) you are thirteen (13) years of age or older; and (iii) if you are between thirteen (13) and eighteen (18) years of age, you have obtained permission from your parent or legal guardian. By using or participating in the Program, you represent that you meet these requirements and that your use does not violate any applicable laws or regulations.
26.10 Right to Modify or Terminate the Program
We reserve the right to modify or terminate the Program (in whole or in part) at any time without notice or liability. Any changes to the Program or these Terms will be effective on the date the updated Terms are posted. Your continued participation in the Program after the effective date of any such changes will constitute your acceptance of those changes.
26.11 Prohibited Content or Conduct
You agree not to use the Program in any unlawful, fraudulent, or abusive manner, or to send any prohibited content, including, but not limited to:
Fraudulent, libelous, defamatory, threatening, harassing, or stalking activity;
Obscene, profane, or otherwise objectionable content;
Any content that infringes or misappropriates the intellectual property or proprietary rights of a third party; or
Any content or activity that violates applicable laws or regulations.
26.12 State-Specific Disclosures
Depending on where you live, certain state laws may apply to the Program, including, but not limited to:
Florida: We strive to comply with the Florida Telemarketing Act and the Florida Do Not Call Act, which apply to Florida residents. To comply with these regulations, you agree that if, when you opt in to the Program, (1) the shipping address you provide is in Florida, or (2) the area code of the phone number you use to opt in to the Program is in Florida, we may assume that you are a Florida resident. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Law do not apply to you, and you may not claim to be a Florida resident if you do not meet any of the above criteria or have not clearly notified us in writing that you are a Florida resident. If you are a Florida resident, you agree that text messages we send in direct response to your text messages or requests (including, but not limited to, reply keywords, opt-in, help or stop requests, and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Section 501, Florida Statutes (including, but not limited to, Sections 501.059 and 501.616), to the extent the law provides otherwise and is applicable.
Washington State: To the extent the law is relevant and applicable to this Program, we will endeavor to comply with the commercial telemarketing requirements applicable to Washington State residents under the Revised Code of Washington (RCW), including, but not limited to, Sections 80.36.390, 19.158.040, 19.158.110, and 19.158. For compliance purposes, you agree that if the area code of the telephone number you used to enroll in the Program was in a Washington area code at the time you opted in, we may assume that you are a Washington resident.
Oklahoma: We strive to comply with the Oklahoma Telemarketing Act of 2022, which applies to Oklahoma residents. For compliance purposes, you agree that if the area code of the telephone number you used to enroll in the Program was in an Oklahoma area code at the time you opted in, we may assume that you are an Oklahoma resident. You agree that the requirements of the Oklahoma Telemarketing Act do not apply to you, and you may not claim to be an Oklahoma resident if you do not meet the relevant criteria or have not clearly notified us in writing that you are an Oklahoma resident. If you are an Oklahoma resident, you consent to our direct responses to your text messages or text messages sent in response to your request (including but not limited to text messages sent to you by us in response to your request).(including, without limitation, responses to keywords, opt-in, help or stop requests, and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Chapter 15 of the Oklahoma Statutes (including, without limitation, Sections 775C.1, 775C.2, 775C.3, 775C.4, and 775C.5), as and to the extent otherwise provided by law.
26.13 Dispute Resolution.
If any dispute, claim, or controversy arises between you and us, or any other third-party service provider that transmits mobile information on our behalf within the Plan, arising out of or concerning federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be settled by arbitration in New York, New York, to the maximum extent permitted by law, before a single arbitrator. Class actions will not be accepted. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND TUSHY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). THE PARTIES AGREE TO SUBMIT DISPUTES TO BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES. WITHIN TEN (10) CALENDAR DAYS OF SERVICE OF ARBITRATION ON A PARTY, THE PARTIES MUST JOIN AND SELECT AN ARBITRATOR WHO HAS AT LEAST 5 YEARS OF EXPERIENCE IN THE POSITION AND HAS BEEN KNOWN AS TO THE SUBJECT MATTER OF THE DISPUTE. IF THE PARTIES DO NOT AGREE TO AN ARBITRATOR WITHIN TEN (10) CALENDAR DAYS, A PARTY MAY APPLY TO THE AAA TO APPOINT AN ARBITRATOR WHO MUST MEET THE SAME EXPERIENCE REQUIREMENTS. IN THE EVENT OF A DISPUTE, THE ARBITRATOR SHALL MAKE A DECISION ON THE ENFORCEABILITY AND INTERPRETATION OF THIS ARBITRATION AGREEMENT IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT ("FAA"). THE PARTIES ALSO AGREE THAT THE The arbitrator's decision shall be final and binding, and neither party shall have any right of appeal, except as provided in Section 10 of the Federal Arbitration Act. Each party shall bear its share of the arbitrator's fees and administrative expenses of the arbitration; however, the arbitrator may order a party to pay all or part of such fees upon reasonable award. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by law or contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved through arbitration. The parties agree to arbitrate only in their individual capacity, and this agreement does not permit class arbitration, nor does it permit any claim to be brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as otherwise required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal claim.
27. California Users and Residents
Only if you are a California resident and a user of the Service, if any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 590 Townsend St, San Francisco, CA 94103, or by telephone at +1 415-766-4399.
28. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms shall apply to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We shall not be liable for any claims, costs, expenses, harms, losses, damages, delays, or failure to act due to any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is held to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. These Legal Terms or use of the Services do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Legal Terms will not be construed against us by virtue of their drafting. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
29. Contact Us
To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Juyangnrg Inc.
Email: Support@juyangnrg.com
Address: 590 Townsend St, San Francisco, CA 94103
Phone: +1 415-766-4399