Terms & Conditions of Use
EFFECTIVE: DECEMBER 4TH, 2024.
Joon Loloi, Inc. (“Company,” “we,” or “our”) provides information, products for sale, and various online services (collectively “Services”) through joonloloi.com (the “Website”).
Please read the following Terms & Conditions of Use (the “Terms”) carefully. All Services Provided by Company through the Website, including, but not limited to, all orders, purchases and other business transacted by or through the Website are provided subject to the Terms. Your access and use of the Website are governed by these Terms. By using and/or accessing the Website, you agree to follow the Terms and agree to be bound by the same.
Company reserves the right to update, modify, supplement, and/or change the Terms at any time. All orders, purchases, uses, access and other business transacted by you through the Website will be governed by the Terms as posted on the date of such order, purchase, use, access or transaction.
Please read and review our Privacy Policy, which is incorporated into the Terms set forth herein and also governs your use of the Website.
You must be at least 16 years of age to access or use the Website. If you are under the age of 16, your parent or legal guardian must agree to the Terms on your behalf and you may only access the Website with permission from your parent or legal guardian.
Any and all content contained and/or displayed in or on the Website, including, but not limited to, images, graphics, video, audio, logos, downloadable files and text (collectively the "Content") is the exclusive and sole property of Company, and protected by copyright, trademark, trade dress and/or other intellectual property laws.
Any Content found on the Website is provided solely for your personal use and access of the Website and may not be used for any other purpose. Company retains and reserves any and all intellectual property rights with respect to any Content accessed, printed, copied or otherwise downloaded by you from the Website.
Company has provided access to the Website solely for your personal use. You may not use the Website, or any Content found thereon, for any commercial purpose, for the benefit of any third parties, or in any manner inconsistent with your personal use and the transaction of business through the Website.
In addition to the limitations of your use of the Website and Content found thereon, you are expressly prohibited from engaging in the following conduct:
Modifying, publishing, reproducing and/or transmitting any Content.
Use of the Content or Website in violation of any law or regulation.
Transmission of any viruses, malware, programs, software, code, or other device that may cause disruption of the functionality or operation of the Website.
Transmission of any viruses, malware, programs, software, code, or other device that may cause disruption of the functionality of any networks, servers, computers or other related systems owned by Company or any user of the Website.
Misappropriation, infringement or violation of any intellectual property rights, privacy or other legal rights of Company or others.
Unless stated otherwise herein, accessing, downloading, or collecting information belonging or otherwise related to other users of the Website.
Posting, transmitting, or otherwise using the Website to share information that is illegal, harassing, libelous, defamatory, obscene, profane, pornographic, hateful, violent, threatening or otherwise objectionable as solely determined by Company.
Advertising, soliciting, or otherwise posting promotional materials on the Website.
The Website may allow you to post, submit, upload, or otherwise transmit or receive content such as reviews, comments, photos, and other media (“User Content”). You are responsible for your User Content and may not post any User Content that violates the Terms. You may not state or imply that your User Content is endorsed by the Company. By posting User Content, you: (1) represent that you own all rights to, or have permission to post, such content; (2) represent your User Content does not infringe on privacy, publicity, intellectual, or other legal rights of others; and (3) acknowledge that you alone assume all risks associated with posting your User Content, including any infringement of rights, or anyone’s reliance on the same.
When you post User Content to the Website, you irrevocably grant Company the right and a license to host, use, reproduce, copy, modify, display, distribute, and/or create derivative works (including translations) from any of your User Content. This license is: non-exclusive (you or others may use your User Content); (2) global in scope (Company may exercise these rights anywhere in the world); (3) royalty-free (Company owes you nothing for use of your User Content); and (4) perpetual in duration (the rights under this license do not expire). This license, and your User Content, may be used by Company for any legal purpose, including, but not limited to, the operation of the Website, advertising and marketing, product development, and customer communications. Company may use your User Content without further notice to you, without attribution, and without further permission.
You are on notice that any User Content posted may be accessible by other users of the Website. You alone are responsible for maintaining your legal rights with respect to User Content, if any.
Company has no obligation to retain your User Content, confirm its accuracy, and/or verify or protect any rights you may have to publish User Content. Company reserves the right to remove any User Content at its sole discretion with no further notice. BY USING OR ACCESSING THE WEBSITE, YOU IRREVOCABLY WAIVE ANY CLAIMS OR CAUSES OF ACTION AGAINST COMPANY ARISING OUT OF, RELATED TO, OR CONCERNING USER CONTENT, ALONG WITH ANY DAMAGES RELATED THERETO.
Claims Subject to Arbitration
These Terms apply to all claims between you and Company. A “Claim” is any claim, counterclaim, dispute, or other controversy, between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that arises from or relates to (1) your transactions with Company; (2) your access to or use of Company’s Services; (3) your access or use of the Website; (4) the use of your information by Company; (5) any aspect of your relationship or interactions with Company as a consumer or potential consumer; (6) any other cause of action between you and Company; and (7) the arbitrability, validity, enforceability, or scope of these Terms or any portion of them.
Informal Dispute Resolution
Most customer concerns can be easily resolved by contacting our customer service number at 1 (833) 734-4505, or by email at support@joonloloi.com. Prior to initiating an arbitration proceeding, You and Company agree to send written notice of intent to arbitrate no less than thirty (30) days prior to the filing of such proceeding. The notice shall include a description of the nature of the dispute at issue, and any damages or relief sought. This notice requirement is a condition precedent to initiating arbitration under these Terms. You and Company agree to negotiate in good faith to resolve the dispute in the thirty (30) days following receipt of such notice. In the event a resolution is not reached in that time, You or Company may initiate arbitration proceedings per the process set forth below. Notices of intent to arbitrate shall be sent to Company via certified mail at Joon Loloi Inc., 14070 Proton Rd., Dallas TX, 75244. Notices of intent to arbitrate shall be sent to you via certified mail at your current billing address.
Binding Arbitration Agreement
You and Company agree that in the event any Claim arises between You and Company, such Claim will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”). This Arbitration Agreement shall be governed and construed by the Federal Arbitration Act found at 9 U.S.C. § 1 et seq., and conducted pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) as stated at the time an arbitration is commenced. The current rules may be found at www.adr.org.
Exception of Certain Claims
Notwithstanding the foregoing, this Arbitration Agreement shall not preclude you or Company from: (1) bringing an individual claim in a small claims court of competent jurisdiction, or (2) bringing an individual claim in a court of competent jurisdiction related to the enforcement of intellectual property rights, excluding privacy or publicity rights, of you or the Company.
Confidentiality
You and Company agree that any arbitration pursuant to this Arbitration Agreement shall be confidential, including the existence of the proceeding, and including, without limitation, any filings, briefs, or other documents submitted, any discovery authorized, any testimony given, and any award or decision, all of which shall not be disclosed to any third party.
Commencing Arbitration
Instructions for filing a demand for arbitration and applicable fees may be found at www.adr.org. You shall send a copy of any demand for arbitration to Company via certified mail at 14070 Proton Rd., Dallas TX, 75244. Company shall send a copy of any demand for arbitration to you at your current billing address, or your attorney if you inform Company that one has been retained. If you commence an arbitration, you will be responsible for the applicable filing fee. Company will pay any case management, hearing, and arbitrator fees, unless your claims, counterclaims, or arbitration procedures are found to be frivolous.
Award and Decision
The arbitrator(s) decision and any award shall be in writing, binding upon You and Company, and may be enforced and entered as a judgment by any court of competent jurisdiction.
Waiver of Jury Trial and Class Actions
EXCEPT AS OTHERWISE PROVIDED BY THE TERMS, YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT YOU EACH HEREBY WAIVE THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT YOU EACH HEREBY WAIVE THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM. YOU AND COMPANY AGREE THAT ANY ARBITRATION COMMENCED HEREUNDER SHALL BE BROUGHT IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES. YOU AND COMPANY ACKNOWLEDGE AND AGREE THAT YOU EACH HEREBY WAIVE THE RIGHT TO ARBITRATION AS A CLASS ACTION OR ANY FORM OF CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM.
Miscellaneous
If any provision of the Terms is found to be invalid or unenforceable, that specific provision shall be severed, but the remainder of the Terms shall continue in full force and effect.
Company reserves the right, but not the obligation, to: (1) monitor the Website and Services for violations of these Terms. (2) take appropriate legal action against anyone who violates or is suspected of violating any law or these Terms, including without limitation, reporting users to law enforcement authorities. (3) refuse, restrict access to, limit the availability of, or delete any User Contributions or any portion thereof. (4) remove from the Website or otherwise delete or disable all files and content that are excessive in size or are in any way burdensome to Company’s systems. and (5) otherwise manage the Website in a manner designed to protect Company’s rights and property and to facilitate the proper functioning of the Website. All such actions may be taken at the Company’s sole discretion and without limitation, notice, or liability to any user.
These Terms are in full force and effect while you use the Services and/or Website and shall remain in full force and effect to govern your past use of the Services and/or Website. At its sole discretion, Company reserves the right to deny access to and use of the Website (including through blocking IP addresses) to any user for any or no reason, including, but not limited to, the breach of any warranty, the Terms, or violation of any law.
If your account is terminated or suspended for any reason, you are prohibited from registering or creating a new account under your name, an assumed name, or the name of any third party, even if you may be acting on behalf of the third party.
Occasionally Company may offer special promotions or discounts to our customers (“Special Offers” or “Special Offer”). Special Offers may be for a limited time and for limited products and services only. By way of accepting a Special Offer you are agreeing to any terms and conditions of the Special Offer as stated on the Website.
The Website, Services, and Content are provided by Company on an “as is” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, fitness for a particular purpose, or arising out of a course of dealing. By your use of the Website, you acknowledge and agree that your use is at your sole risk and that Company (along with its officers, principals, employees, directors, parents, subsidiaries, affiliates, agents, and licensors) shall not be liable for any damages of any kind arising out of, relating to, or concerning your use of the Website.
Company (along with its officers, principals, employees, directors, parents, subsidiaries, affiliates, agents, and licensors) make no representation or warranty with respect to the accuracy or completeness of the Content made available on the Website, and shall have no liability related to or arising out of: (1) errors, omissions, mistakes or inaccuracies in the Content; (2) personal injury or property damage resulting from your access or use of the Website; (3) unauthorized access or use of Company’s servers, the Website, personal information, or user data; (4) interruption of transmission to or from, or access to, the Website; (5) viruses, malware, or other harmful programs which may be transmitted on or through the Website; or (6) any loss or damage of any kind resulting from the use or access of any Content or User Content posted or shared through the Website.
Company (along with its officers, principals, employees, directors, parents, subsidiaries, affiliates, agents, and licensors) shall not be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including lost profits, revenue, or data) under any cause of action or theory of liability arising out of, relating to, or concerning the Website.
The disclaimers, exclusion of warranties, and limitations of liability set forth above are to be construed and effective to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold Company harmless, including our subsidiaries, affiliates, licensors, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of any law or the Terms; (3) your breach of any representation and/or warranty set forth 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 harmful act directed by you toward any other user of the Services with whom you connected via the Services. 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. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms are to be governed by and construed in accordance with the laws of Texas.
You agree that all agreements, notices, disclosures, and other communications (including these Terms) may be provided to you electronically through the Website, email, messaging or otherwise. Electronic signatures, agreements, orders, notices, disclosures, and other communications shall satisfy any legal requirement that the same be in writing.
For any questions or requests related to any of the policies set forth above, please contact us at the following:
Via Telephone (toll-free): 1 (833) 734-4505
Via Email: support@joonloloi.com