Terms & Conditions

Last Updated:  January 10, 2015   Version 1.4

Welcome to HobJoy!

Thank you for visiting HobJoy.com!  Please read these Terms & Conditions. They're important to know and understand.  Part of our commitment to earning the trust of our customers is being open and transparent about the rules we all agree to and must follow.

HobJoy, Impact Ventures LLC, and/or its successors, subsidiaries, affiliates and family of brands (“HobJoy,” “we,” “us” and/or “our”) provide our “Sites” (HobJoy.com, including any mobile, touch, other versions or sections, social networking sites, or other owned sites of Impact Ventures LLC that we have now or may have in the future.  Each is a “Site” and collectively known as the “Sites”) and their Services (defined below) to you (“you,” “your” and/or “yourself”) subject to the following conditions. If you visit or shop through any of the Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding what we do, the terms of sale when you purchase something from us, and other terms that may affect your legal rights.

1. Your Privacy

Your privacy is very important to us.  Our Privacy Policy has been developed to disclose how we collect, use and protect personal data about you. Please read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.

2. Electronic Communication

When you visit our Sites, send us e-mail, or post on forums, the communications between you and HobJoy are electronic. You consent to receive communications from HobJoy electronically and agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy as if they were in writing.

Additionally, HobJoy cannot control the security of the Internet or other networks you access to use the Sites or otherwise communicate/interact with us.  Therefore, HobJoy is not responsible for the security of any information sent to us while it is being transmitted nor are we responsible for any data lost in transmission.

3. Our Services

HobJoy primarily provides you with opportunities to purchase certain products and services (each a “Deal,” and collectively, “Deals”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a “Voucher”) subject to the terms of the Deal and these “Terms” (consisting of these Terms & Conditions, the HobJoy Privacy Policy, the HobJoy Returns Policy, and any “Deal Terms”, defined as supplemental terms, legal notices and other communications applicable to the Deal). The promotion of each Deal works as a form of advertisement for the Merchant by HobJoy.

HobJoy may also sell products and services directly to you. 

Collectively, all forms of interactive services offered by HobJoy, including but not limited to Deals and direct sales, will be referred to herein as “Services” or as a “Service”.

4. Acceptance of Terms & Conditions

These Terms govern your use of our Sites and all Services accessed through the Sites. These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you and HobJoy. By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES.  DO NOT USE OR PURCHASE ANY HOBJOY SERVICES OFFERED BY THE SITES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

5. Our Content

The Sites are private property.  The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content", which includes, but is not limited to text, software, photos, video, graphics, music and sound) are owned, controlled or licensed by HobJoy, its subsidiaries or affiliates, Merchants, or other partners.

Reasonable steps have been taken to display accurate Content.  However, we cannot guarantee that descriptions about the Services are accurate or complete.  All Content is provided for informational purposes only and you are encouraged to read all information presented on labels, warnings, and directions which accompany the Services before use.

Reasonable steps have been taken to display as accurately as possible, the colors and other details of our Services.  However, we cannot guarantee that the display of any color or other details through your device will precisely reflect the color or other details of the actual Service.

6. Permitted Uses of the Sites and Services

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

 

Subject to your compliance with the Terms, we grant you a limited, personal, nontransferable, nonexclusive, non sublicensable revocable license to access and make noncommercial use of the Sites and/or Services pursuant to these Terms.  Further, you are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of HobJoy.com.

7.  Prohibited Uses of the Sites and Services

You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any data, Content, information, software, or Services obtained from or through the Sites without express written consent.  Nor may you make any use that exceeds or violates these Terms.

Any of the activities listed below are expressly prohibited and constitute express violations of this Agreement   If we, as judged by us in our sole discretion, determine your actions violate these prohibitions or in any way restrict or inhibit other users from using or enjoying any part of the Sites, we may limit your privileges on the Sites and seek other remedies.

You are expressly prohibited from:

 

Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. Your permission to hyperlink to the homepage of HobJoy.com is conditioned upon that its use does not portray us or any of our Sites, Services, Content, Merchants, or other contents or materials found therein in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written consent.

8. Your Account

You are required to create an account (an “Account”) in order to purchase any Deal so we can collect information to allow you to pay for your Deals and so we can provide you with easy access to print your Deals, view your past purchases and modify your preferences, or enable us to contact you as necessary.

If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes.  You may only create one Account and you are solely responsible for managing and maintaining the accuracy and confidentiality of your Account.  Your Account is non-transferable and may not be sold, combined or otherwise shared with any other person.

When you register, you will obtain unique log-in credentials (a “User ID”). Access to the HobJoy Sites and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use.

HobJoy relies on User IDs to know whether users accessing the Sites and using our Services are authorized to do so. If someone accesses any of our Sites or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Sites or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

Individuals and entities whose privilege to access the Sites or use the Services has previously been terminated by HobJoy may not register for an Account unless granted permission by us, nor may you designate any of those individuals to use your Account on your behalf.

Violation of these limitations may result in termination of your Account and, without limitation, forfeiture of any pending, current or future promotional account credits and unredeemed Vouchers in your account.  If you commit fraud or falsify information in connection with your use of the Sites or your Account, your Account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement entities and to notify your Internet Service Provider of any fraudulent activity we associate with your Account or use of the Sites.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time.

9. Terms of Sale

By purchasing, accepting, printing, using or attempting to use any Service, you agree to these Terms, and/or any Deal Terms at the time of purchase.  These Terms apply to all Services, including Vouchers, unless the Deal Terms on a particular Service states otherwise, and except as otherwise required by law.  The Deal Terms may restrict things such as returns, refunds, redemption restrictions, as well as other Deal-specific limitations.  In the event of a conflict between these Terms and the Deal Terms of a Service, the Deal Terms will control, except to the extent prohibited by applicable law.

By placing an order for a Deal, you are agreeing to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card or other payment mechanism will be charged for the amount of the Deal.  If you have purchased a Voucher, you will be provided with a “Voucher Code”, a unique code that can be used at the Merchant in exchange for the product or service advertised in the Deal, as well as redemption instructions.  This completes your purchase of the HobJoy Service, but your purchase of the Merchant's product or service is not complete until you redeem the Voucher at the Merchant (there may be additional tax and shipping/handling fees as applicable, which will be charged by the Merchant). 

Unless otherwise stated, sales of Merchant or HobJoy Services on HobJoy Sites are considered “AS IS”, “NO RETURNS ACCEPTED” and “ALL SALES FINAL”.

Descriptions of Services advertised by Merchants on the Sites are approved by the Merchants.  HobJoy is not responsible for any performance or quality claims associated with the descriptions.  HobJoy does not warrant  that descriptions of Services or other Content of the Sites is accurate, reliable, current, or error-free.

Merchants may promote products or services that require up-to-date regulatory authorization, license, or certification.  HobJoy does not verify, validate, or collect evidence of any regulatory authorization, license, or certification from any Merchant.  You should determine for yourself, before purchasing any Service, whether a Merchant is qualified to provide the product or service.  The Merchant is solely responsible for the care and quality of its products and services.

HobJoy makes no guarantees that its Deals represent the best available rates nor does it guarantee against pricing errors.  We reserve the right, at our sole discretion, to change, modify, substitute, suspend, or remove without notice any information related to the Services.  HoJoy also reserves the right, at its sole discretion, to not process or to cancel any orders placed for Services whose price was incorrectly posted on the Sites as a result of an error.  HobJoy will notify you via e-mail if an error occurs.  If you had already purchased the Service and the revised price is lower than what you paid, we will charge you the lower price.  If the price is higher than what you paid, then we will contact you and offer you the option to pay the higher price or cancel your order for a refund.

We may display discounts or a list price/full price in connection with each Deal. These discounts or prices are determined based upon information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

We may, at our sole discretion, verify your identity before processing a purchase.  We may also refuse to process, or may cancel, a purchase as deemed necessary to comply with applicable law or respond to cases of fraud, misrepresentation, or violations of these Terms.

Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. HobJoy reserves the right, in its sole discretion, to exclude or otherwise limit the provision of the Sites, the Services or any other product or service, including Vouchers. HobJoy does not represent or warrant that any Service promoted on the Sites will be available for purchase by any particular person.

Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion. 

If a Deal becomes unavailable after ordering, we will either cancel or not process the order and will notify you by e-mail.

We try to be as accurate as possible by working with our Merchants to display the best information about delivery and shipping.  Since delivery and shipping is solely the responsibility of the Merchant, HobJoy does not make guarantees as to the accuracy of the information. 

If there is an issue with the delivery of shipment of your purchase, please contact the Merchant directly, as HobJoy does not ever take title to the item(s).  After working with the Merchant directly, if you still are not satisfied, please contact us and we may be able to help negotiate a resolution, though there is no obligation for us to do so.

Vouchers

HobJoy is a service provider for the Merchant.  The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher.  The Merchant is also solely responsible for all products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in a Deal or other offer, HobJoy is solely the marketer of the Merchant’s products or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release HobJoy and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.

Vouchers have two separate portions that make up the Deal: (i) a paid portion equal to the amount you paid for the Deal (the "Paid Value"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "Promotional Portion").

Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:

The Paid Value of the Voucher will never expire.  However, the Promotional Portion of the Voucher will always expire on the date printed or identified on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.

Any attempt to redeem a Voucher in violation of these Terms will render the Voucher void.

Redeeming a Voucher with a Merchant may require additional payment of taxes and or shipping and delivery charges as applicable.

10.  Cancellations, Returns, and Refunds

Please note that because of the unique nature of the great deals that HobJoy brings to you, cancellations, returns, exchanges and refunds are significantly more restricted than what might otherwise be offered by the Merchant.  Unless otherwise provided for in our Returns Policy or the Deal Terms, they aren't allowed.

An order can only be canceled with HobJoy for a full refund if the Voucher or other Service has not yet been redeemed with the Merchant.  If, after investigation, it has been determined that the Voucher or Service has not been redeemed, HobJoy will notify you via e-mail and issue a refund. 

If the Voucher or Service has been, or was determined to have been redeemed with the Merchant, you should contact the Merchant directly and work with them to handle the return or refund, which is subject to that Merchant's return policy and/or the Deal's Terms.  HobJoy never takes ownership title of the Merchant's product or service, so cannot accept returns.

If a product offered by a Merchant is not as it was described in the Deal, your sole remedy is to return it to the Merchant as per their return policies and/or the Deal's Terms.

If a Merchant refuses to honor the redemption of any Voucher within the expiration period, HobJoy will refund the amount paid upon request, or will credit the HobJoy account of the purchaser for future purchases on the Sites.

We reserve the right to refuse to issue a refund and to recover the cost of the return from you in the event that any items you return are not eligible to return based on these Terms, fraud, or the items are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the product directions or instructions.

Refunds issued by HobJoy will be issued within 30 days.  If stated, applicable shipping charges and restocking fees may be deducted from your refund.  HobJoy will usually refund any money received from you in the same method originally used by you to pay for your purchase.

We want you to be satisfied with your HobJoy experience. If You have trouble redeeming your Service for any reason, please contact us so we can work with the Merchant to resolve your issue.

11. User Submissions

The Sites and Services may offer you the opportunity to post content such as, but not limited to, reviews, comments, opinions, advice, ratings, photos, discussions, questions, images, video, sound recordings and other content (“User Submissions”) through forums, blogs, social media properties or other communication vehicles, the “Social Groups”. You agree not to post any User Submissions on any of the Sites and/or Services that is illegal, harmful, obscene, abusive, threatening, tortious, defamatory, libelous, misleading, infringing of intellectual property rights or otherwise injurious to third parties, including the rights of publicity or privacy. You further agree not to post any User Submissions that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Submissions. HobJoy reserves the right (but not the obligation) to remove or edit such User Submissions, but does not regularly review posted User Submissions. Any opinions advice, ratings, discussions, comments and/or other User Submissions of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of HobJoy.

HobJoy has the sole and absolute right, but not the obligation to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the User Submissions and content within the Social Groups at any time for any reason, including to determine compliance with these Terms or to satisfy any applicable law, regulation or authorized government request.

If you do post User Submissions or submit material, you retain all your ownership rights in and to the User Submissions you submit or post.  However, unless we indicate otherwise, you also grant HobJoy a non-exclusive, fully paid-up, transferable, royalty-free, perpetual, irrevocable and fully sub-licensable right (through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, offer to sell, sell, and display such User Submissions throughout the world in any media, form, or technology existing today or hereafter, all without compensation to you. You grant HobJoy and our sublicensees the right to use the name that you submit in connection with such User Submissions at our discretion.  You waive any 'moral rights' or other rights with respect to attribution of authorship or integrity of materials regarding the User Submissions that you may have under any applicable law under any legal theory.  This license of User Submissions extends to use for promotions, advertising, market research, or any other lawful purpose, without limitation.

You represent and warrant that you created, own or otherwise control all of the rights to the User Submissions that you post, that the User Submissions is accurate, that use of the User Submissions you supply do not violate these Terms and will not cause injury to any person or entity and that you will indemnify HobJoy for all claims resulting from User Submissions you supply. HobJoy takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.  You are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such User Submissions.

If HobJoy offers a method to modify User Submissions, HobJoy makes no representation or warranties that the User Submissions you modify will be modified or removed or that the User Submissions will cease to appear on the Internet, in search engines, or in any other form, media, or technology.

All User Submissions are public, not private.  User Submissions are not confidential. Your User Submissions may be read by other users without your knowledge.  Never include personally identifiable information in your User Submissions.  HobJoy is not responsible for the use or disclosure of any information you share in your User Submissions.

User Submissions from other users may be inaccurate, false, misleading, or deceptive.  HobJoy does not control or endorse any User Submissions and is not responsible for User Submissions.  HobJoy will not be liable for any loss or damage caused by your reliance on such statements.  HobJoy specifically disclaims any liability concerning User Submissions and Social Groups and any actions resulting from your participation in any part of the Social Groups, including objectionable content.

HobJoy is under no obligation to use your User Submissions or post them at all.

12. Submitting Ideas

HobJoy does not accept or consider unsolicited submissions for business ideas, websites, articles or other products or services, whether those unsolicited submissions are sent directly to HobJoy or through its employees or agents. These unsolicited submissions include, without limitation, new product ideas or suggestions, enhancements, programs, names, technologies, advertising, marketing campaigns, plans or other promotions.  Therefore, please do not make any such unsolicited submissions to HobJoy through the Sites, by mail, telephone, email, text message, forum post or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to HobJoy the irrevocable right and license to the submission as if it were User Submissions as specifically set forth above.  Additionally, HobJoy is under no obligation to keep unsolicited submissions confidential.

In the event that HobJoy does solicit submissions for ideas and you submit a submission, HobJoy will consider those submissions as being subject to these Terms, non-confidential, and non-proprietary.  HobJoy will not be liable for disclosure of the submissions.  You hereby grant and agree to grant HobJoy, under all your rights to the submissions, a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, full-paid, sublicensable, and transferable right and license to incorporate, use, publish, offer to sell, sell, and exploit such submissions for any purpose whatsoever, commercial or otherwise, without compensation, authorship attribution or accounting to you and without further recourse by you.

13. Copyright/Trademarks

These Sites contain copyrighted material, trademarks and other proprietary information.  The entire contents of the Sites and/or Services (including the Content) are protected by copyright, trademark and other intellectual property laws of the United States and/or similar laws of other jurisdictions. Without limitation, HobJoy owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services.  You may not modify, reproduce, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.  Except as otherwise expressly stated in copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of HobJoy or the copyright owner is permitted, unless and except as is expressly provided in these Terms.   Trademarks and service marks, including, without limitation, “HobJoy,” which appear on the Sites and/or in the Services are the service and trademarks of HobJoy or affiliated entities. Without HobJoy’s prior written permission, you agree not to display or use, in any manner, any such marks.  Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to HobJoy or their respective owners.  Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

14. Third-Party Links and Contents

Our Sites, Content, and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and we expressly disclaim any representations, responsibility,  or liability for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, privacy, security, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

15. Termination

If you want to terminate your legal Agreement with HobJoy, you may do so by: (A) notifying HobJoy at customerservice@HobJoy.com or (B) closing your Accounts for all of the Services that you use.

HobJoy may, at any time, terminate this Agreement, including but not limited to reasons such as: (i) you have breached any provision of this Agreement or you do not comply with the Agreement; (ii) HobJoy is required by law to do so; (iii) the partner with whom HobJoy has offered the Services to you has terminated its relationship with HobJoy or ceased to offer the Services to you; (iv) HobJoy no longer provides Services in the country in which you reside; or (v) HobJoy determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, HobJoy reserves the right to discontinue any product or service at any time and at its sole discretion.

Without limiting any of the foregoing, HobJoy may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which HobJoy, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.

16. Exclusion of Warranties

We are not the manufacturer of the products sold on the Sites.  To inquire about a manufacturer's warranty, please contact the Merchant directly. 

WE PROVIDE THE SITES, CONTENT, AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND ABOUT THE SITES, SERVICES, CONTENT, OR ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS SPECIFIED IN WRITING.

YOU EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT HOBJOY’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOBJOY AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, LICENSORS, THIRD-PARTY CONTENT PROVIDERS AND MERCHANTS DISCLAIM EXPRESS OR IMPLIED WARRANTIES THAT THE SITES, SERVICES, AND CONTENT ARE MERCHANTABLE, RELIABLE, OF SATISFACTORY QUALITY, COMPLETE, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM HOBJOY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A HOBJOY REPRESENTATIVE SHALL CREATE A WARRANTY.

17. Limitation of Liability

SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOBJOY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE SIX MONTHS PRECEEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS OR (B) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES, CONTENT,  AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE HOBJOY FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.

CERTAIN JURISDICTIONS 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS

18. Indemnity, Reservation of Right, Release

You agree to defend, indemnify and hold harmless HobJoy and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from or relating to: (i) your use of and access to HobJoy; (ii) your purchase of any Services; (iii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Submissions submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.

You are solely responsible for your interactions with Merchants of the Sites. To the extent permitted under applicable laws, you hereby release HobJoy from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher.

HobJoy reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Submissions posted on the Sites and from any claims related to the conduct or speech, whether online or offline of any other users of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "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."

19. Arbitration

We will do our best to and make all reasonable attempts to resolve any disputes that you have with HobJoy.  If we are unable to resolve the issue, you agree that any dispute, claim, or controversy arising out of or relating in any way with this Agreement, the Sites, or the purchase or redemption of a Voucher or other Services, shall be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction. This agreement and any arbitration shall be governed by the Federal Arbitration Act, administered by the American Arbitration Association (“AAA”), and conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA (“Rules and Procedures”).   

You agree further that:  (i) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and HobJoy; (ii) the arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (iii) that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative basis; and the arbitrator may not consolidate or join claims of other persons or parties who may be similarly situated; (iv) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HobJoy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and with the exception of subpart (iii), if any part of this arbitration provision is deemed invalid, unenforceable, illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained. If, however, subpart (iii) is found to be invalid, unenforceable, or illegal, then the entirety Arbitration provision shall be null and void. Neither you nor HobJoy shall be entitled to arbitrate their dispute.

20. Applicable Law

Any claim or dispute between you and HobJoy that arises out of this Agreement shall be governed by the laws of the state of North Carolina, without regard to its choice of law rules and without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.

21. Copyright Notice-Digital Millennium Copyright Act

Hobbies are about creating something personal and unique, or investing a personal interest in something.  As such, we also recognize the importance of intellectual property. 

If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that you believe infringes upon your copyrights and would like to alert HobJoy, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our DMCA/Copyright Agent with the following information in writing: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work; (ii) an Identification of the copyrighted work and its location on the Sites of the allegedly infringing work; (iii) your contact information, including name, telephone number, e-mail address, and physical mail address (iv) a statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and (v) a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for HobJoy’s Copyright Agent for notice of claims of copyright infringement is as follows:

HobJoy
Attn: DMCA/Copyright Agent
PO Box 64
Davidson, NC 28036

22. Changes to this Agreement and Waivers

We reserve the right at all times to change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Sites. It is your sole responsibility to check the Sites to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Services purchased prior to the effective date of such modification. These modifications will be effective immediately for new users of our Sites and/or Services and for all Services purchased after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of HobJoy’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of HobJoy. No purported waiver or modification of this Agreement by HobJoy via telephonic or email communications shall be valid.

23. Additional Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, joint venture, employment relationship, franchiser-franchisee or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision or forfeiture of future rights. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND HOBJOY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HOBJOY  MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

The section headings herein are provided as a convenience only and shall be of no legal or effect.

The provisions of these Terms apply equally to and are for the benefit of HobJoy, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If you are a California resident, in accordance with Cal. Civic Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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