Terms of Use

Effective Date: March 26, 2024

Acceptance of Terms.

These Terms of Use (“Terms”) govern your use of The Journey Intended (the “Agency”) website at www.thejourneyintended.com and any other website or online service that the Agency operates and that links to these Terms (collectively, the “Services”). Please review these Terms carefully before using the Services. We may change these Terms or modify any feature of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes. This is a legally binding agreement. If you do not agree with these Terms, you are not authorized to use this website.

Grant of License.

Subject to these Terms and your continued compliance therewith, the Agency provides you with a personal, revocable, nonexclusive, nontransferable license to use the Services, to the extent attribution is to the Agency or is not attributed to another, and the text, graphics, information, and other content made available through or from the Services (collectively, “Content”), including without limitation, Content obtained through widgets, RSS feeds, APIs or other similar means. To the extent the attribution to text, graphics, photographs, data, information and other content made available through or from the Services is to another party that is not the Agency, you may not download, republish, retransmit, reproduce or otherwise use any such content as a stand-alone file. In furtherance of the Agency’s mission to serve the public, you may access, print, copy, cite, link, display, download, distribute, broadcast, transmit, or otherwise exploit the Content, provided that all copies display all copyright and other applicable notices to the extent such notices are contained in such Content and provided further that you do not use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to the Agency, or as an Agency endorsement of a cause, candidate, issue, party, product, business, organization, religion or viewpoint. You must also provide proper attribution to the Agency in connection with your use of any Content with express reference to the Agency in accordance with the citation below. In the event that you translate the Content into another language you must include the following disclaimer: “The Journey Intended has published the original content in English but has not reviewed or approved this translation.” Any rights not expressly granted herein are reserved.

Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of the Agency, except to the extent such Content is obtained through a widget, RSS feed, or other similar means.

Prohibited Conduct. You may not access or use, or attempt to access or use, the Services to take any action that could harm the Agency or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation:

You may not use this website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government;

You may not violate The Journey Intended’s or third parties’ rights via downloading, emailing, transmitting, or otherwise using the Agency website;

You may not impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;

You may not engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

You may not take any action that imposes or may impose an unreasonable or disproportionately large load on The Journey Intended’s network or infrastructure, as determined by The Journey Intended in its sole discretion;

You may not use or exploit any portion of this Website to distribute commercial messages, “spam,” or other unsolicited communications;

You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;

You may not engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

Intellectual Property Rights. All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other states, national, and international laws and regulations and is owned by the Agency and/or third parties. Except as expressly provided herein, the Agency does not grant any express or implied right to you or any other user of the Services. The Services may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.

Removing or altering the copyright notice on any Content on the Services is prohibited. The Agency also owns a copyright in the Services as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Services’ Content.

The following trademarks: The Journey Intended LLC (plus design), The Journey Intended, and all other names, logos, and icons identifying the Agency and/or its products and services are proprietary marks of the Agency. User use of the Agency trademarks is not permitted. Other product and company names mentioned in the Services may be the trademarks of their respective owners.

EXCLUSIONS AND LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (THE JOURNEY INTENDED), OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS AT THE AGENCY BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.

DISCLAIMER OF WARRANTIES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE AGENCY AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

Privacy Policy. By using the Services, you consent to the Agency’s processing of your information consistent with our Privacy Policy.

Third-Party Sites. The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

U.S. Copyright Infringement Claims. If you believe in good faith that your work has been reproduced or has been infringed on the Services, please provide the Agency with a written notice that includes the following information:

identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;

identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will promptly remove or disable access to the content that allegedly infringes copyright and terminate the privileges of users who repeatedly infringe copyright. Note that falsely submitting a notice of copyright infringement carries significant penalties under United States law.

Jurisdiction and Venue. These Terms and the relationship between you and the Agency will be governed by the laws of the State of New York. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the law of the State of New York, without regard to principles of conflicts of laws. You agree that any claim or dispute arising out of or relating to the Services must be resolved by a federal district court located in the Western District of New York.

Miscellaneous. These Terms constitute the entire agreement between you and the Agency, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

Termination. The Agency may block, suspend, or terminate your use of the website at any time for any reason. Reasons the Agency might do so include, but are not limited to, the following: (a) your breach of this agreement; (b) The Agency is unable to verify or authenticate any information you provide to us; or (c) The Agency believes that your actions could cause financial loss or legal liability to the Agency or other users of this website; (d) routine network maintenance affecting all users; or (e) your use of this website or service in a manner that violates the law or the Agency’s policies.

Contact Information. If you have questions about these Terms, you should contact the Agency which publishes the website. Many websites will have a contact link.