Terms and Conditions of Use
Last Updated: April 2017
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS APPLICATION. ANY USE OF THIS APPLICATION CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD QUIT THIS APPLICATION IMMEDIATELY AND REMOVE IT FROM YOUR DEVICE.
Payoff reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement in Joy. Where possible, Payoff will provide advance notice of any changes. However, you should check this Agreement periodically for changes. All changes shall be effective upon posting, unless prohibited by law. Your continued use of Joy after any change to this Agreement constitutes your agreement to be bound by any such changes. Payoff may terminate, suspend, change, or restrict access to all or any part of Joy without notice or liability.
Your Personal Information
Limitations of Use
The copyright in all material on Joy, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Creative”), is held by Payoff and is protected by U.S. and International copyright laws. You agree that the Creative may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Payoff. The use of the Creative anywhere other than in Joy or on Payoff owned sites, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Payoff’s prior written approval. You also may not, without Payoff’s express written permission, “mirror” any material contained on Joy on any other server. Any unauthorized use of any Creative in Joy may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You acknowledge that the Creative is and shall remain the property of Payoff. You may not modify, participate in the sale or transfer of, or create derivative works based on any Creative, in whole or in part.
You agree to use Joy only for lawful purposes. You are prohibited from any use of the Creative that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of Joy, including but not limited to unauthorized entry into Payoff’s systems, misuse of passwords, or misuse of any information posted on Joy is strictly prohibited. Payoff makes no claims concerning whether the Creative may be downloaded or is appropriate for use outside of the United States. If you access Joy from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Payoff.
Members of the Joy community must be U.S. residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.
Joy (including the Joy logo), Payoff (including the Payoff logo), FindJoy.com, Payoff.com, and all related logos (collectively the “Payoff Trademarks”) are trademarks or service marks of Payoff. Other company, product, and service names and logos used and displayed on Joy may be trademarks or service marks owned by Payoff or others. Nothing on Joy should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Payoff Trademarks displayed on Joy, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on Joy unless in accordance with written authorization by us. Payoff prohibits use of any of the Payoff Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. For matters related to press, social media, and other types of publicity, please refer to our usage guide and instructions located at www.findjoy.com/press/. Any questions concerning any Payoff Trademarks, or whether any mark or logo is a Payoff Trademark, should be referred to Payoff.
Your Joy Account
Any funds you direct to be transferred from the bank account you designate (the “Funding Account”) to Joy, via the Joy App, either on a recurring basis or a one-off transfer, will be held by Joy and Payoff for your benefit in an FDIC-insured account maintained at one of Joy and Payoff’s partner banks (each a “Partner Bank”). The funds held by Joy and Payoff in such account for your benefit are referred to herein as your “Joy Account”. You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf by Joy and Payoff, and you hereby irrevocably assign and transfer to Joy and Payoff any right or interest that you may have therein. However, Joy and Payoff does not hereby obtain any rights to the principal amount of the funds it holds on your behalf.
Authorization to initiate ACH transactions
By accepting these terms and conditions you authorize Joy to initiate ACH credit and/or debit transactions between your Funding Account and your Joy Account. These transactions will be initiated in the Joy App. The frequency and amount of these ACH credit and/or debit transactions will be determined by you. Periodic ACH transactions will be generated by the Joy App to move funds from your Funding Account to your Savings Account based on permissions your grant Joy. One-off transfers will be processed when authorized by your entry.
You understand that this authorization will remain in full force and effect until you notify Joy that you wish to revoke this authorization. You understand that Joy requires at least 3 business days’ prior notice in order to cancel this authorization.
All account activity including but not limited to deposits, withdrawals, and account balances will be solely provided available through the Joy application.
Funding Account Verification
Joy conducts a verification of the your Funding Account to ensure that it is compatible with Joy and supports ACH transfers and to verify external Funding Account account ownership.
One of two methods are used to verify Funding Account: 1) To successfully verify a Funding Account, two small credit transactions will be sent for processing to the external Funding Account. The amounts of those credits will then be immediately debited out of the Funding Account. Users will need to verify the external Funding Account by entering the deposit amounts in the required fields provided in their Joy Account. Users will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this Funding Account or 2) the external Funding Account will be accessed by our data integration partner and ownership and ACH support will be verified.
Currently, Joy is offering the Joy Application and Joy Services at no charge. We reserve the right to change our fee structure at any time, but will provide you with 30 days prior notice. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Joy directly or via its designated third party payment processor. You also agree to pay the applicable fees for such Joy Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. You may cancel your subscription as provided on the Joy Application from time to time. We may refuse to renew any subscription.
Joy may at its sole discretion offer incentives to users of the Joy Application.
Third-Party Information Providers and Subcontractors
As part of delivering the products and services on Joy, Joy works with certain third party providers and subcontractors who may directly or through access to other third party sites provide Joy with a Registered User’s personal information (“Personal Information”) with such user’s permission (“Third Party Provider”). By using certain services of Joy, if applicable, you authorize Joy and Payoff and Third Party Provider to access third party websites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Joy and Payoff and Third Party Provider a limited power of attorney, and you hereby appoint Joy and Payoff and Third Party Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party websites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN JOY AND PAYOFF OR THIRD PARTY PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, JOY AND PAYOFF AND THIRD PARTY PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the Joy service unless otherwise stated by such third party account provider.
You understand and acknowledge that Joy does not review any Personal Information provided by Third Party Providers or third party sites in any way including, but not limited to, accuracy, timeliness, or non-infringement. Further, you understand and acknowledge that Joy has no control of the delivery of Personal Information provided by Third Party Providers or third party websites, and as such, cannot be held responsible for technical and other problems which impact delivery, accuracy, timeliness, deletion or other issues with Personal Information.
Links to Third-Party Sites
Timeliness and Accuracy of External Data
As part of the Joy Application, Joy will retrieve User information from your bank accounts (“Your Bank Accounts”) you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s) or engage in financial transactions (“Account Information”). Joy works with one or more online financial service providers under contract to access this Account Information. Joy is not responsible for the products and services offered by or on third-party sites and makes no representations as to their accuracy or availability. Joy also makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
Joy cannot foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Joy does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings..
You agree to provide true, accurate, current and complete information about yourself and your accounts (as applicable) and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
From time to time, alone or in connection with a product or service, Joy and Payoff may ask questions related to your behavior, personality, and other things related to how you think and feel. This information allows us to complete, in specific or in aggregate, psychological assessments. The assessment results and feedback are developed to meet professional standards and as such are subject to the limitations of psychological science. The information we collect from these assessments will be used to help us provide you more focused customer service, individualized web experiences, more accurate risk management and better financial education. Your assessment may use procedures that are not evident to you. Your feedback may differ from your own perceptions of yourself.
Joy and Payoff may retain and use, subject to the terms of our Privacy Statement, information collected from you. Joy and Payoff will not share information associated with you with any unaffiliated or non-contracted third parties unless Joy and Payoff (i) has your permission; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Joy and Payoff, our users or the public; or (iii) provides such information in anonymous or aggregated form provided that such information is not identifiable of you.
You agree that Joy and Payoff may identify you on Joy and in marketing materials to identify you as a user of Joy, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Joy. Joy and Payoff will request your consent prior to identifying you specifically. However, we reserve the right to use the information provided to us in connection with your use of Joy and product or services of Payoff, while not specifically identifying, in the manner described above.
If you provide suggestions, ideas, feedback, or recommendations to us regarding our Site, products or services (Feedback), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you.
Acknowledgement to Receive Email, Push Notifications or SMS Text Messages.
As a user of Joy, you agree to receive emails, notifications, and SMS text messages from us regarding the Joy Services. We may from time to time send you SMS text messages, push notifications or email messages with information about upcoming events, or information about our Joy Services offerings from us and our partners. You may opt-out from receiving certain of such correspondence by emailing email@example.com or selecting to unsubscribe in the email correspondence, as may be provided.
Online and Mobile Alerts
Joy may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User Profile or your Accounts. Electronic alerts will be sent to the email address you have provided. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Joy Login and some information about Your Bank Accounts.
Correction of Errors and Inaccuracies; Limitations on Quantity; Risk of Loss
The information on Joy may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have registered for the Joy service). Please note that such errors, inaccuracies or omissions may relate to your ability to use the Joy service.). We apologize for any inconvenience this may cause you.
Disclaimer and Limitation of Liability as to Joy
Joy is operated by Payoff, Inc. on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, Joy and Payoff disclaims any and all representations and warranties, express or implied, with respect to Joy and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
Without limiting the foregoing, Payoff does not represent or warrant that the information on Joy is accurate, complete, reliable, useful, timely or current or that Joy will operate without interruption or error.
Without limiting the foregoing, Payoff does not represent or warrant that Joy, including the server that makes it available, are free of viruses or other harmful components, or that Joy or the technology that makes it available, are immune to hacker activity, electronic or non-electronic tampering, computer crime, or theft.
Payoff does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on Joy, or about any website you may access through Joy. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. You acknowledge that Payoff is not responsible for the operation of or content located on or through any such other website.
Payoff makes no representation that content provided on Joy is applicable or appropriate for use in locations outside of the United States.
Payoff assumes no risk or responsibility for your use of any of the content provided on Joy.
Payoff, neither through Payoff products or services nor otherwise, does NOT provide legal, tax, investment or insurance advice. Payoff provides information you may use at your sole discretion in your financial goals and pursuits. You are solely responsible for making any financial decisions or implementing any financial strategy or plan. You should consider consulting your legal, financial, or tax professional regarding your specific situation.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL PAYOFF OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE JOY.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JOY OR PAYOFF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH JOY OR ANY CONTENT ON JOY, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING JOY. YOU ACKNOWLEDGE, BY YOUR USE OF JOY, THAT YOUR USE OF JOY IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PAYOFF UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify and hold harmless Payoff from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by Payoff in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through Joy, or (ii) your use of Joy in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Payoff reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Payoff. You further agree to indemnify and hold harmless Payoff from any claim arising from a third party’s use of information or materials of any kind that you post to Joy.
Monitoring of Joy
Payoff has no obligation to monitor Joy; however, you acknowledge and agree that Payoff has the right to monitor Joy electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate Joy, or to protect itself or other users of Joy.
Joy is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering Joy and Creative no distribution or solicitation is made by Payoff to any person to use Joy or Creative in jurisdictions where the provision of Joy and/or Creative is prohibited by law.
Registration Acceptance Policy
Your receipt of an electronic or other form of registration confirmation does not signify our acceptance of your registration. Payoff reserves the right at any time after receipt of your registration information to accept or decline your registration for the Payoff Service for any reason.
This Agreement is effective until terminated by Payoff. Payoff may terminate this Agreement at any time without notice, or suspend or terminate your access and use of Joy at any time, with or without cause, in Payoff’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to Joy: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to Joy.
Failure by Payoff to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of Joy shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify Payoff in writing of any claim or dispute concerning or relating to Joy and the information or services provided through it, and give Payoff a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Payoff.
This Agreement shall be subject to any other agreements you have entered into with Payoff.
Certain sections on Joy may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you have questions regarding the Agreement or the practices of Payoff, please contact us by e-mail at firstname.lastname@example.org or by regular mail at:
Joy c/o Payoff, Inc.
3200 Park Center Drive, STE 800
Costa Mesa, CA 92626