Terms of Service
These Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“User,” “you,” or “your”) and JOY DEALER LLC, a Florida limited liability company (referred to in these Terms as “JOY DEALER,” “Company,” “we,” “us,” or “our”) for the use of the JOY DEALER mobile application, including any related website, sub-site, software, application programming interfaces, integrations, organizer dashboards, white-labeled instances, and any related content, features, tools, or services made available by us (collectively,
the “Platform”).
BEFORE YOU PROCEED, PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS BINDING ARBITRATION, CLASS ACTION WAIVER,
RELEASE, ASSUMPTION OF RISK, INDEMNIFICATION, WARRANTY DISCLAIMER, AND LIMITATION OF LIABILITY PROVISIONS. BY DOWNLOADING, INSTALLING, REGISTERING FOR, ACCESSING, OR OTHERWISE USING THE PLATFORM, OR BY CLICKING ANY “I AGREE” OR SIMILAR BUTTON, YOU ACCEPT AND AGREE TO THESE TERMS WITHOUT MODIFICATION. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.
These Terms, together with our Privacy Policy, Cookie Policy, Targeted Ads Preferences, Do Not Sell My Information notice, Privacy Rights Summary Notice, Accessibility Statement, Community Guidelines, and any other policies, rules, guidelines, or additional terms posted on or referenced from the Platform (collectively, the “Additional Terms”), govern your access to and use of the Platform and are incorporated herein by reference. If you do not agree to these Terms, the Privacy Policy, or the Additional Terms, do not use the Platform. If you are using the Platform on behalf of an Organizer (defined below), such as a nonprofit, league, brand, corporation, school, team, foundation, or other organization, you represent and warrant that you have full legal authority to bind that Organizer to these Terms, and references to “you” include both you individually and the Organizer you represent. You understand and agree that we may change these Terms at any time. We will post the revised Terms on the Platform and update the “Last Updated” date below. Material changes will, where
practicable, be communicated through the Platform or via the contact information you have provided. Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of those changes. If any change is not acceptable to you, your sole remedy is to stop using the Platform and, if applicable, cancel your account. You are responsible for ensuring that any device, network, and internet connection you use to access the Platform are compatible with the Platform and comply with these Terms. We are not liable if any portion of the Platform is unavailable at any time or for any period, and we may restrict access to some parts of the Platform to certain users in our sole discretion.
ARBITRATION NOTICE. EXCEPT AS DESCRIBED IN SECTION 25, YOU AGREE THAT ALL DISPUTES ARISING UNDER OR RELATED TO THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND JOY DEALER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. FOR ANY INDIVIDUAL DISPUTE INVOLVING AN AMOUNT LESS THAN EIGHT THOUSAND U.S. DOLLARS (US$8,000.00), THE PARTIES SHALL FIRST SUBMIT SUCH DISPUTE TO NON-BINDING MEDIATION IN MIAMI-DADE COUNTY, FLORIDA ADMINISTERED BY JAMS UNDER ITS THEN-CURRENT RULES.1. Overview of the Platform. JOY DEALER operates a mobile-first, subscription-based technology platform that provides volunteer engagement tools, event discovery and management features, organizer management tools, community engagement features, social networking functionality, in-app communications, and software-as-a-service (SaaS) tools to Organizers and
Volunteers. The Platform connects two types of users:
● Volunteers (each, a “Volunteer” or “User”): individuals who use the Platform to browse, register for, participate in, and share content from volunteer opportunities, community events, civic engagement activities, charitable initiatives, sports-related activations, and other events listed on the Platform (each, an “Event”); and
● Organizers (each, an “Organizer”): nonprofit organizations, charitable foundations, professional and amateur sports leagues, teams, schools, universities, municipalities, corporations, brands, sponsors, community groups, and other individuals or entities that
create, post, sponsor, host, or manage Events on the Platform.
Volunteers and Organizers are collectively referred to as “Users.” Content posted by Users (including Event listings, descriptions, logistics, images, videos, prize information, announcements, communications, photographs, recordings, comments, and other materials) is referred to as “Content.”
JOY DEALER operates a technology platform and, in connection with certain fundraising campaigns conducted through the Platform, may also act as a Professional Solicitor on behalf of the applicable Organizer, as described in Sections 6.8 and 11. JOY DEALER does not create, organize, host, supervise, manage, fund, insure, or control Events, and JOY DEALER is not an Organizer, employer, agent, principal, joint venturer, partner, or fiduciary of any Volunteer, Organizer, sponsor, nonprofit, league, brand, or other third party. JOY DEALER does not guarantee the legitimacy, safety, quality, accuracy, or completion of any Event, the conduct or
qualifications of any Organizer or Volunteer, the delivery of any prize, the legitimacy or tax-exempt status of any Organizer, or the use of any donated funds. Your interactions with Organizers and other Users, and your participation in Events, are at your sole risk. See Sections 12 and 18.
JOY DEALER may also offer subscription features, enterprise tools, white-labeled organizer environments, marketing and analytics tools, ranking and leaderboard features, points and rewards programs, in-app messaging, push notifications, organizer management dashboards, volunteer coordination tools, event discovery and registration tools, community engagement features, partnerships with leagues and brands, and other features and services from time to time (collectively, with the Platform, the “Services”).
JOY DEALER may provide fundraising features through which eligible Organizers conduct fundraising campaigns and Users may make charitable contributions through the Platform. In connection with a specific fundraising campaign, JOY DEALER may act as a Professional Solicitor on behalf of the applicable Organizer only where JOY DEALER has entered into a campaign-specific written agreement with that Organizer and JOY DEALER has determined that any required registrations, bonds, solicitation notices, filings, disclosures, app-store requirements, payment-processor requirements, and waiting periods have been completed or satisfied. Donation transactions are processed through Stripe or another third-party payment processor, and charitable contributions are paid directly to the applicable Organizer’s connected payment account. JOY DEALER does not receive any portion of charitable contributions, does not have custody or control of donated funds, and does not decide how donated funds are used.