Terms & Conditions for Joyful Noise Living

TERMS OF SERVICE

The following Terms of Service may be revised at any time by JoyfulNoiseLearning.com, Ashley and Joshua Weaver, (“Site Owners”), without notice. By using this website, filling out a form, or placing an order, you are agreeing to be bound by the then current version. This page was last modified on April 25, 2020. If you have any questions, please contact ashley @ joyfulnoiselearning.com. By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Free Printables Terms of Use

Free printables from my site are for personal family use only. They are not to be shared or distributed or sold in any capacity. If you love what you see, send you friends the link to my site where they can get their own. By signing up to get a free printable on my site, you agree to be added to my newsletter for periodic newsletter mailings.

Sharing, Reproduction & Distribution

Permission is granted to download the materials (except video) on Joyful Noise Learning website for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on JoyfulNoiseLearning.com web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Joyful Noise Learning Site Owners at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Site Security

Joyful Noise Learning uses an SSL certificate (also known as a digital certificate) to encrypt information such as credit card and debit card transactions to designated third-party payment platforms (PayPal and Stripe). You are responsible for all transactions processed through these services. Site Owners are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platforms.

Feedback

Please contact us with any feedback. Keep in mind that we are real people and not robots, so please do keep the feedback respectful and constructive. Communication

We promise not to spam you, or sell your information to third parties. You may opt out of our email communications by following the unsubscribe instructions located at the bottom of email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.

Limited Liability

Joyful Noise Learning (including but not limited to blog posts, ebooks, videos, free downloads, support group content and/or small group coaching) are the proprietary intellectual property of Joshua and Ashley Weaver.

To the fullest extent permissible under applicable law, Joshua and Ashley Weaver limits liability. In particular we will not be liable for any damages that we cause unintentionally and we will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Site or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Site and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold harmless Joshua and Ashley Weaver, JoyfulNoiseLearning.com, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Sites and Services.

Disputes

If a dispute arises between you and JoyfulNoiseLearning.com, our goal is to provide you a neutral and cost effective way to resolve the dispute quickly. You agree to first contact customer service via the email address provided below to describe the problem and seek a resolution. If that does not resolve the issue, then you and JoyfulNoiseLearning.com agree that any dispute or claim relating to your use of the Services or the Site will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Joshua and Ashley Weaver (JoyfulNoiseLearning.com) both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and site owners each waive any right to a jury trial.

You and site owners agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Site Owners agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision will survive termination of this Agreement.

In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. We can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable. Any failure by us to enforce any aspect of the terms of this Agreement will not affect our right to require performance at any subsequent time, nor will the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Last updated: April 25, 2020