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Terms of Use Agreement

Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 16 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND THE JOYRUN ENTITIES ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Introduction

These Terms of Use govern your access to and use of the JoyRun Sites. By using the JoyRun Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the JoyRun Sites is unauthorized.

DEFINED TERMS: In these Terms of Use:

  • When we say "JoyRun," we mean Walmart.com USA, LLC d/b/a JoyRun and their affiliates, directors, officers, employees and agents. We also refer to JoyRun as "we," "us" and "our." But when we say "JoyRun Entities," we mean JoyRun; its merchants, contractors, and licensors.
  • When we say "JoyRun Sites," we mean www.joyrun.com, subdomains, the JoyRun Apps, and all related functionality, services, and Content offered by or for JoyRun on or through www.joyrun.com and the JoyRun Apps or the systems, servers, and networks used to make the JoyRun Sites available.
  • When we say "JoyRun Apps," we mean the official "JoyRun App" for smartphones, tablets and other devices which can be downloaded from the iTunes App Store or the Google Play Store.
  • When we say "you" or "your" we mean any user (like you!) of any JoyRun Site and any person who has notice of these Terms of Use.
  • When we say "Terms of Use," we mean these Terms of Use and all other terms and policies posted by JoyRun on the JoyRun Sites (and any updates by JoyRun to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say "Content," we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say "Ideas," we mean ideas, concepts, feedback, and know-how that you make available in connection with the JoyRun Sites.
    • When we say "make available," we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the JoyRun Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the JoyRun Sites through the tools offered by such social media platforms).
    • When we say "Materials," we mean Content that JoyRun Entities make available on or through the JoyRun Sites.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on JoyRun's liability explained in Sections 13 and 14, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the JoyRun Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check JoyRun.com for any updated Terms of Use. In addition, by continuing to use or access any of the JoyRun Sites or otherwise engaging with JoyRun after we post any changes, you accept the updated Terms of Use. The "Last Updated" legend below indicates when these Terms of Use were last changed.

2. JoyRun Marketplace

JoyRun is an online marketplace program on the JoyRun Sites which enables third-party restaurants, other food vendors and retailers ("Merchants") to sell their food items and/or sell or resell general merchandise goods ("Products") to you for pickup at the Merchant's location or, if applicable, delivery to you. JoyRun does not itself prepare or manufacture the Products. JoyRun makes no representations as to the completeness, accuracy, reliability, validity, or timeliness of the Product listings, descriptions, or images (including any features, ingredients, and prices contained on the JoyRun Sites). Such information and the availability of any Product are subject to change at any time without notice. As such, you acknowledge and agree that JoyRun has no responsibility or liability for the acts or omissions of any Merchant, including but not limited to, the images or descriptions of the Products.

The Merchant is the retailer of record and is responsible and liable for complying with all Applicable Laws and regulations including adhering to food safety laws and regulations governing their business and operations. "Applicable Laws" means all applicable federal, state, local laws and regulations, including but not limited to, marketing, consumer and product safety, health (including Proposition 65 in California), food packaging and accessory items (including but not limited to foodware, plasticware, and other disposable restaurant supplies), and food safety and sanitation, product testing, labeling, pricing, privacy, data security laws, regulations, and guidelines.

JoyRun is not responsible for, and cannot guarantee the quality, taste or other experience of the Products. Always read labels, warnings, ingredients, directions, and other information provided with the Product before consuming the Product. For additional information about a Product, please contact the Merchant. If you find a Product is not as described, your sole remedy is to return it to the Merchant. You agree that you will contact the Merchant in regards to any complaints or comments about the Products

3. Your Use of the JoyRun Sites

You certify that the Content you provide on or through the JoyRun Sites is accurate and that the information you provide on or through the JoyRun Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. JoyRun is not responsible for any losses arising out of the unauthorized use of your account. You agree that JoyRun does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the JoyRun Sites. You agree that JoyRun is not a party to any such agreement, nor is JoyRun responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the JoyRun Sites or any portion of the JoyRun Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the JoyRun Sites or any portion of the JoyRun Sites.

  • In connection with the JoyRun Sites, you will not:
    • Make available any Content through or in connection with the JoyRun Sites that is or may be in violation of the content guidelines set forth in Section 4.C (Prohibited Content) below.
    • Make available through or in connection with the JoyRun Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the JoyRun Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the JoyRun Sites.
    • Interfere with or disrupt the operation of the JoyRun Sites or the systems, servers, or networks used to make the JoyRun Sites available, including by hacking or defacing any portion of the JoyRun Sites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the JoyRun Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the JoyRun Sites except as expressly authorized in these Terms of Use, without JoyRun's express prior written consent.
    • Reverse engineer, decompile, or disassemble any portion of the JoyRun Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the JoyRun Sites.
    • Frame or mirror any portion of the JoyRun Sites, or otherwise incorporate any portion of the JoyRun Sites into any product or service, unless you obtain JoyRun's express prior written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the JoyRun Sites, without JoyRun's express prior written consent.
    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the JoyRun Sites or JoyRun's name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a JoyRun trademark, logo, URL, or product name without JoyRun's written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

4. Content and Ideas

A. Submitting Content and Ideas

JoyRun may provide functionality that enables users to make available Content and Ideas in connection with the JoyRun Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any JoyRun Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 4(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. JoyRun's Rights to Use Content and Ideas

You grant to JoyRun a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that JoyRun is free to use any Ideas for any purpose. JoyRun may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. JoyRun is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to JoyRun the right to use any name associated with any Content or Idea that you make available to JoyRun, although JoyRun has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the JoyRun Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including JoyRun), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by JoyRun in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from JoyRun;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including JoyRun, its related entities, employees, and agents;
  • violates any policy posted on the JoyRun Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the JoyRun Sites or our partners.

5. Monitoring by JoyRun

JoyRun will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the JoyRun Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by JoyRun from time to time. JoyRun will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the JoyRun Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify JoyRun for all claims resulting from any Content you make available.

6. Third Party Sites

References on JoyRun Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. JoyRun is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the JoyRun Sites operate or otherwise interact, nor is JoyRun responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

7. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your JoyRun account. JoyRun participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all delivery and service charges and applicable taxes and tips. JoyRun reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.

B. Pricing Information; Availability

JoyRun cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the JoyRun Sites. JoyRun reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation from JoyRun. JoyRun may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the JoyRun Sites or from prices available at Merchant locations.

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

8. Intellectual Property

The JoyRun Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the "IP") are owned or controlled by or licensed to JoyRun, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by JoyRun to use the JoyRun Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

No license, right, title, or interest in the JoyRun Sites or any Materials is transferred to you as a result of your use of the JoyRun Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the JoyRun Sites. The JoyRun Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the JoyRun Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the JoyRun Sites and Materials is the exclusive property of JoyRun and is also protected by U.S. and international copyright laws.

The JoyRun name and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the JoyRun Sites are trademarks or trade dress of JoyRun in the U.S. and other countries. All other marks are the property of their respective companies.

9. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the JoyRun Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at https://walmart.com/help/article/Claims-of-Intellectual-Property-Infringement/9b5c2e81943544c5aad0d446b2456fe1) for instructions on how to contact us to report possible copyright infringement.

10. Privacy

You acknowledge that any personal information that you provide through the JoyRun Sites will be used by JoyRun in accordance with Walmart's Privacy Policy (available at http://corporate.walmart.com/privacy-security/walmart-privacy-policy), which may be updated by Walmart from time to time. JoyRun may share certain information with the Merchant to permit the Merchant, to prepare and package your order, process returns, and provide customer service.

You authorize your wireless operator (AT∓T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to JoyRun and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the Walmart Privacy Policy for how JoyRun treats your data.

You may sign up to receive certain JoyRun notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. See Section 20 below for additional terms and conditions related to text messaging.

JoyRun uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

11. JoyRun Apps

JoyRun may make available software, the JoyRun App, to access the JoyRun Service via a mobile device. To use the JoyRun App you must have a mobile device that is compatible with the JoyRun App. JoyRun does not warrant that the JoyRun App will be compatible with your mobile device. You may use mobile data in connection with the JoyRun App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. JoyRun hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the JoyRun App for one JoyRun account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the JoyRun App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the JoyRun App to any third party or use the JoyRun App to provide time sharing or similar services for any third party; (iii) make any copies of the JoyRun App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the JoyRun App, features that prevent or restrict use or copying of any content accessible through the JoyRun App, or features that enforce limitations on use of the JoyRun App; or (v) delete the copyright and other proprietary rights notices on the JoyRun App. You acknowledge that JoyRun may from time to time issue upgraded versions of the JoyRun App, and may automatically electronically upgrade the version of the JoyRun App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the JoyRun App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the JoyRun App or any copy thereof, and JoyRun or its third-party partners or suppliers retain all right, title, and interest in the JoyRun App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. JoyRun reserves all rights not expressly granted under this Agreement. If the JoyRun App is being acquired on behalf of the United States Government, then the following provision applies. The JoyRun App will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The JoyRun App originates in the United States, and is subject to United States export laws and regulations. The JoyRun App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the JoyRun App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the JoyRun App and the JoyRun Service.

The following applies to any JoyRun App you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and JoyRun, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to JoyRun as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to JoyRun as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, JoyRun, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and JoyRun acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.

12. Third-Party Software & Licensing Notices

The JoyRun Sites may include certain third-party technologies and open source materials (collectively, "Third-Party Technology"). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth at https://walmart.com/help/article/Third-party-Software-and-Licensing-Notices/6fa4d4a274334a6699291c1f6723408b which is incorporated in these Terms of Use by reference.

13. Disclaimer of Warranties

THE JOYRUN SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYRUN SITES, ARE PROVIDED BY JOYRUN ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO JOYRUN ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE JOYRUN SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE JOYRUN ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE JOYRUN ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE JOYRUN SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE JOYRUN SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE JOYRUN SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO JOYRUN ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE JOYRUN SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, JOYRUN ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A JOYRUN ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO JOYRUN ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE JOYRUN SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO JOYRUN ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MERCHANT, OR OTHER USER OF THE JOYRUN SITES.

15. Indemnification

You agree to defend (at JoyRun's option), indemnify, and hold the JoyRun Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the JoyRun Sites or any breach by you of these Terms of Use. JoyRun reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with JoyRun if and as requested by JoyRun in the defense and settlement of such matter.

16. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the JoyRun Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and JoyRun will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND JOYRUN, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT JOYRUN AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

17. Termination

These Terms of Use are effective unless and until terminated by either you or JoyRun. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the JoyRun Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the JoyRun Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or JoyRun, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the JoyRun Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: "Introduction"; "JoyRun Marketplace"; "Your Use of the JoyRun Sites"; "Content and Ideas"; "Monitoring by JoyRun"; "Third Party Sites"; "Placing an Order"; "Intellectual Property" (excluding the rights granted to you in that Section); "Privacy" "JoyRun Apps" (excluding the rights granted to you in that Section); "Third-Party Software & Licensing Notices"; "Disclaimer of Warranties"; "Limitation of Liability"; "Indemnification"; "Disputes & Arbitration; Applicable Law"; "Termination" and "General".

18. General

These Terms of Use represent the complete agreement and understanding between you and JoyRun and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and JoyRun. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of JoyRun to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit JoyRun's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term "including" or variations thereof in these Terms of Use shall be construed as if followed by the phrase "without limitation." Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the JoyRun Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. How to Contact Us

If you have any questions or comments, please contact us at https://walmart.com/help, or by mail at the following address: Walmart.com USA, LLC d/b/a JoyRun; 850 Cherry Ave., San Bruno, CA 94066. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Text Messages

JoyRun Pickup and Delivery Program

By providing your phone number, you are enrolling in the JoyRun Pickup and Delivery text message program (the "JoyRun Pickup and Delivery Program") and agreeing to the following terms and conditions: When you enroll, you certify that A) you are the account holder and consent to enroll or have account holder's consent to enroll and B) you are age 18 or older. The JoyRun Pickup and Delivery Program is an automated text messaging service that provides multiple messages in response to your pickup or delivery order. Message frequency is based on account activity. Message & data rates may apply. Participating carriers include all US-based mobile carriers. JoyRun and carriers are not liable for delayed or undelivered messages. The JoyRun Pickup and Delivery Program is not compatible with all cell phone models. Participation in the JoyRun Pickup and Delivery Program is not required for purchase. The phone number from which you receive messages will vary by order. You may opt out by texting STOP to the phone number from which you received messages which will opt you out of all JoyRun Pickup and Delivery Program conversations. You can restart a conversation by texting START. For help, text HELP to +1-901-441-9123. You may also contact us at Walmart.com; 850 Cherry Ave., San Bruno, CA 94066. View Privacy Policy

JoyRun Team Messages

By providing your phone number, you are enrolling in the JoyRun Team text messaging program (the "JoyRun Team Program") and agreeing to the following Terms and Conditions: When you enroll, you certify that A) you are the account holder and consent to enroll or have account holder's consent to enroll and B) you are age 18 or older. The JoyRun Team Program is an automated text messaging service that provides multiple messages when people in your Team(s) place orders for pickup or delivery. Message frequency is based on account activity. Message & data rates may apply. Participating carriers include all US-based mobile carriers. JoyRun and carriers are not liable for delayed or undelivered messages. The JoyRun Team Program is not compatible with all cell phone models. Participation in the JoyRun Team Program is not required for purchase. The phone number from which you receive messages will vary by order. You may opt out by texting STOP to the phone number from which you received messages which will opt you out of all JoyRun Team Program messages. You can restart a conversation by texting START. For help, text HELP to +1-901-441-9123. You may also contact us at Walmart.com; 850 Cherry Ave., San Bruno, CA 94066. View Privacy Policy

Mobile Phone Verification:

By providing your phone number, you are enrolling in the JoyRun Mobile Phone Verification text message program (the "JoyRun Mobile Verification Program") and agreeing to the following terms and conditions: When you enroll, you certify that A) you are the account holder and consent to enroll or have the account holder's consent to enroll and B) you are age 18 or older. The JoyRun Mobile Phone Verification Program is an automated, on-demand, single message text program. When you provide your phone number you will receive a single text message with a verification code. There is no charge from JoyRun for this service, but YOUR SERVICE PROVIDER'S MESSAGE AND DATA RATES MAY APPLY. For help, text HELP to +1-901-441-9123 or email joyrun-support@customercare.walmart.com. You may also contact us at Walmart.com; 850 Cherry Ave., San Bruno, CA 94066. Participating carriers include all US-based mobile carriers. JoyRun and carriers are not liable for delayed or undelivered messages. The JoyRun Mobile Verification Program is not compatible with all cell phone models. View Privacy Policy




This Agreement was last upated on April 27, 2021.