Last Updated: 9/14/2023

Introduction

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and contact us if you have any questions. These Terms include a mandatory arbitration provision. If you do not agree to these Terms, do not use our services.

Association and Attribution

The basic template for our terms of service has been derived from and modeled after that provided by Automattic.

Terms of Service

These Terms govern your access to and use of the products and services we provide through totaljosh.com.

These Terms also govern visitors’ access to and use of any websites that use our Services. Please note though that the operators of those websites may also have their own separate terms of use. Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Identification

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on behalf of that person or entity, that by using our Services you accept the Agreement on behalf of that person or entity, and that if you, or that person or entity, violate(s) the Agreement, you and that person or entity agree to be responsible to us.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (such as changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

When you sign up to receive content or other communications from totaljosh.com, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). You can, at any time, opt out of any and all communications.

We are not liable for any acts or omissions by you in relation to totaljosh.com, including any damages of any kind incurred as a result of your acts or omissions.

If you would like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You are not allowed to access or use our Services if you are under the age of 13 (or 16 in Europe). If you sign up or otherwise use our Services, you represent that you are at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you are under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We are not responsible for any use or effects of Content or third-party websites. So, for example:

• We do not have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that we endorse any third-party website.
• We do not endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• We are not responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• Any Content that is for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Feedback

You are free to share comments, ideas, or feedback with us. When you do so, you agree that We are free to use them without any restriction or compensation to you.

6. General Representation and Warranty

Our Services are designed for entertainment purposes. You represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
• Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of any third party;
• Will not disclose the personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

7. Specific Service Terms

Visiting totaljosh.com is free. We also offer paid content, available to purchase either from totaljosh.com, or from a third party website.

8. License

By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services. This license also allows us to make any publicly-posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other totaljosh.com users permission to share your Content on other websites and add their own Content to it, so long as 1) they use only a portion of your post and 2) give you credit as the original author by linking back to your website or otherwise referring to you.

9. Web Traffic

We may use a third-party service to measure the audience and usage totaljosh.com.

10. Advertisements 

We may display advertisements on our website.

11. Copyright Infringement

We ask all visitors to totaljosh.com to respect our intellectual property rights.

12. Intellectual Property

The Agreement does not transfer any totaljosh.com or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with totaljosh.com. Using our Services does not grant you any right or license to reproduce or otherwise use any totaljosh.com or third-party trademarks.

13. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand that:

• Third-Party Services are not vetted, endorsed, or controlled by totaljosh.com.
• Any use of a Third-Party Service is at your own risk, and we will not be responsible or liable to anyone for Third-Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
• Some Third-Party Services may request or require access to your data — or to the data of your visitors or customers — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
• If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

14. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since We are constantly updating our Services, we sometimes have to change the legal terms under which they are offered. The Agreement may only be modified if Totaljosh.com posts a revised version. We will inform you when there are changes: we will post them here and update the “Last Updated” date, and we may also send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms. If you disagree with the changes in the new terms, you should stop using our Services.

15. Termination

You can stop using our Services at any time.

16. Disclaimers

Our Services are provided “as is.” Totaljosh.com hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Totaljosh.com makes no warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

17. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Texas.

18. Indemnification

You agree to indemnify and hold harmless totaljosh.com from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted by you.

19. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted, or prohibited persons.

20. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

21. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between totaljosh.com and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Totaljosh.com may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.