Terms And Conditions
1. User’s Acknowledgment And Acceptance Of Terms
NWP3, DBA Journey Connected (referred to as “us” or “we”)
provides the www.journeyconnected.com site and various related
services (together referred to as this “site”) subject to your
compliance with all the terms, conditions, and notices contained
or referenced herein (the “Terms of Use”), as well as any other
written agreement between us (or your company). In addition,
when using particular services or materials on this site, users
shall be subject to any posted guidelines or rules applicable to
such services or materials that may contain terms and conditions
in addition to those in these Terms of Use. All such guidelines
or rules are hereby incorporated by reference into these Terms
of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE,
YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH
TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.
YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS,
SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH
THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY
UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective immediately. We reserve the
right to change these Terms of Use from time to time without
notice to you. You acknowledge and agree that it is your
responsibility to review this site and these Terms of Use
periodically and to be aware of any modifications. Your
continued use of this site after such modifications will
constitute your acknowledgment of the modified Terms of Use and
agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates”
include our owners, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors, and
advertisers, and includes (without limitation) all parties
involved in creating, producing, and/or delivering this site
and/or its contents.
2. Description Of Services
We make various services available on this site including, but
not limited to, customized vacation planning, brand and social
media management, customized vacations and group travel,
tinder-type app that connects travelers, reviews and ratings on
hotels, restaurants, etc. and selling advertising space on the
site. Fees for the various services are set out in the
membership and service fees described elsewhere in this site.
You are solely responsible for providing, at your own expense,
all equipment necessary to use the services, including a
computer and modem; and your own Internet access (including
payment of telephone service fees associated with such access).
We reserve the sole right to either modify or discontinue the
site, including any features therein, at any time with or
without notice to you. We shall not be liable to you or any
third party should we exercise such right. Modifications may
include, but are not limited to, changes in the pricing
structure, the addition of fee-based services, or changes to
limitations on allowable file sizes. Any new features that
augment or enhance the then-current services on this site shall
also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the
services available through this site may occur as normal events.
You further understand and agree that we have has no control
over third party networks you may access in the course of the
use of this site, and therefore, delays and disruption of other
network transmissions are completely beyond our control. You
understand and agree that the services available on this site
are provided “AS IS” and that we assume no responsibility for
the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
3. Registration Data And Privacy
In order to access some of the services on this site, you will
require a separate account and password that can be obtained by
completing our online registration form, which requests certain
information and data (“Registration Data”) and maintaining and
updating your Registration Data as required. By registering, you
agree that all information provided in the Registration Data is
true and accurate and that you will maintain and update this
information as required in order to keep it current, complete
and accurate.
You also grant us the right to disclose to third parties certain
Registration Data about you. The information we obtain through
your use of this site, including your Registration Data, is
subject to our Privacy Policy, which is specifically
incorporated by reference into these Terms of Use.
4. Payment Of Fees
If you subscribe to a service on this site that requires payment
of a fee, you agree to pay all fees associated with such
service. For all charges for services on this site, we will bill
your credit card. Recurring charges are billed in advance of
service. You agree to provide us with accurate and complete
billing information, including valid credit card information,
your name, address and telephone number, and to provide us with
any changes in such information within seven business days (7)
days of the change.
If, for any reason, your credit card company refuses to pay the
amount billed for the service, you agree that we may, at our
option, suspend or terminate your subscription to the service
and require you to pay the overdue amount by other means
acceptable to us. We may charge a fee for reinstatement of
suspended or terminated accounts.
You agree that until your subscription to the service is
terminated, you will continue to accrue charges for which you
remain responsible, even if you do not use the service. In the
event legal action is necessary to collect on balances due, you
agree to reimburse us for all expenses incurred to recover sums
due, including attorney fees and other legal expenses.
5. Conduct On Site
Your use of the site is subject to all applicable laws and
regulations, including Netiquette, and you are solely
responsible for the contents of your communications through the
site. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup,
software library, or other interactive service that may be
available to you on or through this site, you agree that you
will not upload, share, post, or otherwise distribute or
facilitate distribution of any content — including text,
communications, software, images, sounds, data, or other
information — that:
(a) Is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy,
tortious, contains explicit or graphic descriptions or accounts
of sexual acts (including but not limited to sexual language of
a violent or threatening nature directed at another individual
or group of individuals), or otherwise violates our rules or
policies;
(b) Victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (also known as “spamming”), chain letters, any other
form of unauthorized solicitation, or any form of lottery or
gambling;
(e) Contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our
employees or representatives.
We neither endorse nor assume any liability for the contents of
any material uploaded or submitted by third party users of the
site. We generally do not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms,
message boards, newsgroups, software libraries, or other
interactive services that may be available on or through this
site. However, we and our agents have the right at their sole
discretion to remove any content that, in our judgment, does not
comply with these Terms of Use and any other rules of user
conduct for our site, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in
removing such content. You hereby consent to such removal and
waive any claim against us arising out of such removal of
content. See “Use of Your Materials” below for a description of
the procedures to be followed in the event that any party
believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party.
In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to
another network or server. Not all areas of the site may be
available to you or other authorized users of the site. You
shall not interfere with anyone else’s use and enjoyment of the
site or other similar services. Users who violate systems or
network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion,
terminate your membership without prior notice to you for
violating any of the above provisions. In addition, you
acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites,
including cooperating with law enforcement authorities in
investigating suspected criminal violations.
6. Third Party Sites And Information
This site may link you to other sites on the Internet or
otherwise include references to information, documents,
software, materials and/or services provided by other parties.
These sites may contain information or material that some people
may find inappropriate or offensive. These other sites and
parties are not under our control, and you acknowledge that we
are not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such
sites, nor are we responsible for errors or omissions in any
references to other parties or their products and services. The
inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association
with, the site or party by us, or any warranty of any kind,
either express or implied.
7. Intellectual Property Information
By accepting these Terms of Use, you acknowledge and agree that
all content presented to you on this site is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of NWP3,
DBA Journey Connected and/or its Affiliates.
You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a
single copy made for personal use only, you may not copy,
reproduce, modify, republish, upload, post, transmit, or
distribute any documents or information from this site in any
form or by any means without prior written permission from us or
the specific content provider, and you are solely responsible
for obtaining permission before reusing any copyrighted material
that is available on this site. Any unauthorized use of the
materials appearing on this site may violate copyright,
trademark and other applicable laws and could result in criminal
or civil penalties.
Neither we or our Affiliates warrant or represent that your use
of materials displayed on, or obtained through, this site will
not infringe the rights of third parties. See “Use of Your
Materials” below for a description of the procedures to be
followed in the event that any party believes that content
posted on this site infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary
right of any party.
8. User’s Materials
Subject to our Privacy Policy, any communication or material
that you transmit to this site or to us, whether by electronic
mail or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all
rights in such communications or material, you grant us and our
designated licensees a non-exclusive, paid-up, perpetual, and
worldwide right to copy, distribute, display, perform, publish,
translate, adapt, modify, and otherwise use such material for
any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential or proprietary information to
us unless we have mutually agreed in writing otherwise. We are
also unable to accept your unsolicited ideas or proposals, so
please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you
to do the same. If you or any user of this site believes its
copyright, trademark or other property rights have been
infringed by a posting on this site, you or the user should send
notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed’
(b) Identification of the copyrighted work claimed to have been
infringed;
(c) Information reasonably sufficient to permit us to contact
the complaining party, such as address, telephone number and, if
available, an electronic mail address at which the complaining
party may be contacted;
(d) Identification of the material that is claimed to be
infringing or to be subject to infringing activity and that is
to be removed and information reasonably sufficient to permit us
to locate the materials;
(e) A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is
not authorized by the copyright owner, agent, or the law; and
(f) 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec.
512(c), our Designated Agent for Notice of claims of copyright
infringement can be reached as indicated below. Service of
repeat infringers of copyright or of users about whom repeat
claims of copyright infringement are received will be
terminated.
Designated Agent for Claimed Infringement:
Journey Connected 2598 E. Sunrise Blvd. Suite 210A Fort
Lauderdale, FL 33304
Your acknowledge and agree that upon receipt of a notice of a
claim of copyright infringement, we may immediately remove the
identified materials from our site without liability to you or
any other party and that the claims of the complaining party and
the party that originally posted the materials will be referred
to the United States Copyright Office for adjudication as
provided in the Digital Millennium Copyright Act.
9. Disclaimer Of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE
SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US
OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM
MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF
DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR
SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to
engage in commercial transactions with other users and vendors.
You acknowledge that all transactions relating to any
merchandise or services offered by any party, including, but not
limited to the purchase terms, payment terms, warranties,
guarantees, maintenance and delivery terms relating to such
transactions, are agreed to solely between the seller or
purchaser of such merchandise and services and you. WE MAKE NO
WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN
CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS
SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY,
AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Before purchasing products and services on or through this site,
review our Sales Terms and Conditions, which are incorporated by
reference into these Terms of Use. Content available through
this site often represents the opinions and judgments of an
information provider, site user, or other person or entity not
connected with NWP3 DBA Journey Connected. We do not endorse,
nor are we responsible for the accuracy or reliability of, any
opinion, advice, or statement made by anyone other than an
authorized NWP3 DBA Journey Connected spokesperson speaking in
his/her official capacity. Please refer to the specific
editorial policies posted on various sections of this site for
further information, which policies are incorporated by
reference into these Terms of Use.
In addition, the materials on this site may include sample or
form agreements, letters or other documents, including
financially or legally significant documents such as contracts
and other items (“Forms”). These Forms are provided solely as
examples of typical documents of their kind, and the delivery
and use of Forms does not constitute legal, accounting or other
professional advice. Under no circumstances will NWP3 DBA
Journey Connected or its Affiliates be liable for any loss or
damages caused by your reliance on information or advice
obtained through this site, including your use of any of the
Forms. It is your responsibility to evaluate the accuracy,
completeness, or usefulness of any information, opinions,
advice, Forms or other content available on or through this
site. In particular, you are urged to consult an appropriate
professional licensed in your jurisdiction before using any
Forms or otherwise relying on any legal, accounting, or other
professional advice or information obtained on or through this
site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
10. Limitation Of Liability
Your exclusive remedy and our entire liability, if any, for any
claims arising out of these Terms of Use and your use of this
site shall be limited to the amount you paid us for the services
on the site during the one month (one) month period before the
act giving rise to the liability. IN NO EVENT SHALL WE OR OUR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO
FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold
us and our Affiliates harmless from all liabilities, claims, and
expenses, including attorney’s fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you
will cooperate with us in asserting any available defenses.
12. Participation In Promotions
From time to time, this site may include advertisements offered
by third parties. You may enter into correspondence with or
participate in promotions of the advertisers showing their
products on this site. Any such correspondence or promotions,
including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or
representations associated with such correspondence or
promotions, are solely between you and the advertiser. We assume
no liability, obligation or responsibility for any part of any
such correspondence or promotion.
13. E-Mail Services
We may make e-mail services available to users of our site,
either directly or through a thirdparty provider. We will not
inspect or disclose the contents of private e-mail messages
except with the consent of the sender or the recipient, or in
the narrowly-defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by
court or governmental order. Further information is available in
our Privacy Policy. We may employ automated monitoring devices
or techniques to protect our users from mass unsolicited
mailings (also known as “spam”) and/or other types of electronic
communications that we deem inconsistent with our business
purposes. However, such devices or techniques are not perfect,
and we will not be responsible for any legitimate communication
that is blocked, or for any unsolicited communication that is
not blocked. Mailboxes may have a limited storage capacity. If
you exceed the maximum permitted storage space, we may employ
automated devices that delete or block e-mail messages that
exceed the limit. We will not be responsible for such deleted or
blocked messages.
14. Use Of Site And Storage Of Material
You acknowledge that we may establish general practices and
limits concerning use of the services available on our site,
including without limitation the maximum number of days that
uploaded content will be retained on the site, the maximum disk
space that will be allotted or our servers on your behalf, and
the maximum number of times (and the maximum duration for which)
you may access the services in a given period of time. You agree
that we have no responsibility or liability for the deletion or
failure to store any content maintained or transmitted on or
through this site. You acknowledge that we reserve the right to
log off accounts which have not paid a subscription fee that are
inactive for an extended period of time. You further acknowledge
that we reserve the right to change these general practices and
limits at any time, in our sole discretion, with or without
notice. We provide storage space and access for material through
our site. For purposes of these Terms of Use, “material” refers
to all forms of communication that we may allow, including
narrative descriptions, graphics (including photographs,
illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings. You may not use this
site to publish material that we determine, at our sole
discretion, to be unlawful, indecent, or objectionable, or which
violates the restrictions described in “Your Conduct on the
Site” above. We will not routinely monitor the contents of your
online portfolio. You are solely responsible for any information
contained in your online portfolios. However, if complaints are
received regarding language, content, or graphics contained in
your online portfolio, we may, at our sole discretion, remove
the images hosted on our servers and terminate your Web hosting
service. We may also suspend the account, restrict access to it,
or remove content from it if necessary or appropriate. The
accounts of our users operate on shared resources. Excessive use
or abuse of these shared network resources by one user may have
a negative impact on all other users. Misuse of network
resources in a manner that impairs network performance,
including excessive consumption of CPU time, memory, disk space,
and session time, is prohibited and may result in termination of
your account or limitation of your activities. This site is not
designed or intended to be used as a disaster recovery facility
or as an emergency data storage facility. Although we take
reasonable precautions to preserve and protect the material you
upload to the site, you should not rely on the site as your only
storage facility. You should preserve backup copies of any
digital data, information or other materials that you have
uploaded. You agree not to hold us for any damage to, any
deletion of or any failure to store your files, data or
Registration Data.
15. Security And Password
You are solely responsible for maintaining the confidentiality
of your password and account and for any and all statements made
and acts or omissions that occur through the use of your
password and account, including any mail sent and any charges
incurred. Therefore, you must take steps to ensure that others
do not gain access to your password and account. Our personnel
will never ask you for your password. You may not transfer or
share your account with anyone, and we reserve the right to
immediately terminate your account in the event of any
unauthorized transfer or sharing thereof.
16. Export Controls
Software available on or through this site is subject to United
States Export Controls. No software from this site may be
downloaded or exported (a) into (or to a resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country
which the United States has embargoed goods; or (b) anyone on
the United States Treasury Department’s list of Specially
Designated Nationals or the United States Commerce Department’s
Table of Deny Orders. By downloading or using the software, you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on
any such list.
17. International Use
Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or
available for use in locations outside the United States, and
accessing them from territories where their contents are illegal
is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service,
and/or information made in connection with this site is void
where prohibited.
18. Termination Of Use
You agree that we may, in our sole discretion, terminate or
suspend your access to all or part of the site with or without
notice and for any reason, including, without limitation, breach
of these Terms of Use. Any suspected fraudulent, abusive or
illegal activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement
authorities. Upon termination or suspension, regardless of the
reasons therefore, your right to use the services available on
this site immediately ceases, and you acknowledge and agree that
we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or this site. We shall not be
liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other
actions taken by us in connection therewith. Sections 1, 3,
5-11, 14, and 18-20 of these Terms of Use, as well as your
liability for any unpaid fees, shall survive any termination.
19. Governing Law
This site (excluding any linked sites) is controlled by us from
our offices within the State of Florida, United States of
America. It can be accessed from all 50 states, as well as from
other countries around the world. As each of these places has
laws that may differ from those of Florida, by accessing this
site both of us agree that the statutes and laws of the State of
Florida, without regard to the conflicts of laws principles
thereof and the United Nations Convention on the International
Sales of Goods, will apply to all matters relating to the use of
this site and the purchase of products and services available
through this site. Each of us agrees and hereby submits to the
exclusive personal jurisdiction and venue of the Superior Court
of Broward County.
20. Notices
All notices to a party shall be in writing and shall be made
either via e-mail or conventional mail. Notices to us must be
sent to the attention of Customer Service at
[email protected], if by e-mail, or at Journey
Connected, 2598 E. Sunrise Blvd., Suite 210A, Fort Lauderdale,
FL 33304 if by conventional mail. Notices to you may be sent
either to the e-mail address supplied for your account or to the
address supplied by you as part of your Registration Data. In
addition, we may broadcast notices or messages through the site
to inform you of changes to the site or other matters of
importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be
deemed delivered to the party receiving such communication (a)
on the delivery date if delivered personally to the party; (b)
two business days after deposit with a commercial overnight
carrier, with written verification of receipt; (c) five business
days after the mailing date, if sent by US mail, return receipt
requested; (d) on the delivery date if transmitted by confirmed
facsimile; or (e) on the delivery date if transmitted by
confirmed e-mail.
21. Entire Agreement
These terms and conditions constitute the entire agreement and
understanding between us concerning the subject matter hereof
and supersedes all prior agreements and understandings of the
parties with respect thereto. These Terms of Use may NOT be
altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are
subject to additional or altered terms and conditions shall be
null and void, unless otherwise agreed to in a written agreement
signed by you and us. To the extent that anything in or
associated with this site is in conflict or inconsistent with
these Terms of Use, these Terms of Use shall take precedence.
22. Miscellaneous
In any action to enforce these Terms of Use, the prevailing
party will be entitled to costs and attorneys’ fees. Any cause
of action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be
deemed forever waived and barred. You may not assign your rights
and obligations under these Terms of Use to anything party, and
any purported attempt to do so shall be null and void. We may
free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use
for any commercial purposes any portion of this site, or use of
or access to this site. In addition to any excuse provided by
applicable law, we shall be excused from liability for
nondelivery or delay in delivery of products and services
available through our site arising from any event beyond our
reasonable control, whether or not foreseeable by either party,
including but not limited to, labor disturbance, war, fire,
accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those
which are enumerated above. If any part of these Terms of Use is
held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect. Any
failure by us to enforce or exercise any provision of these
Terms of Use or related rights shall not constitute a waiver of
that right or provision.
23. Contact Information
Except as explicitly noted on this site, the services available
through this site are offered by NWP3, DBA Journey Connected, a
Limited Liability Company located at Journey Connected, 2598 E.
Sunrise Blvd., Suite 210A, Fort Lauderdale, FL 33304 Our
telephone number is . If you are a California resident, you may
have this same information e-mailed to you by sending a letter
to the foregoing address with your e-mail address and a request
for this information. The Complaint Assistance Unit of the
Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at Department of Consumer
Affairs Consumer Information Division, 1625 North Market Blvd.,
Suite N 112, Sacramento, CA 95834, or by telephone at (800)
952-5210. If you notice that any user is violating these Terms
of Use, please contact us at [email protected]
privacy policy
This Privacy Policy discloses the privacy practices for the
www.journeyconnected.com site and various related services
(together referred to as the “site”). NWP3, DBA Journey
Connected, the provider of the site (referred to as “us” or
“we”), is committed to protecting your privacy online.
Please read the information below to learn the following
regarding your use of this site.
You acknowledge that this Privacy Policy is part of our Site
Terms of Use, and by accessing or using our site, you agree to
be bound by all of its terms and conditions. If you do not agree
to these terms, please do not access or use this site.
We reserve the right to change this Privacy Policy at any time.
Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by
means including, but not limited to issuing an E-mail to the
E-mail address listed by registered users and posting the
revised Policy on this page. You acknowledge and agree that it
is your responsibility to maintain a valid E-mail address as a
registered user, review this site and this Policy periodically
and to be aware of any modifications. Your continued use of the
site after such modifications will constitute your: (a)
acknowledgment of the modified Policy; and (b) agreement to
abide and be bound by the modified Policy.
1. Types of Information Collected
In order to better provide you with our numerous services, we
collect two types of information about our users: Personally
Identifiable Information and Non-Personally Identifiable
Information. Our primary goal in collecting information from you
is to provide you with a smooth, efficient, and customized
experience while using our site.
Personally Identifiable Information: This refers to information
that lets us know the specifics of who you are. When you engage
in certain activities on this site, such as registering for a
membership, ordering a product or service, submitting content
and/or posting content in discussion forums or other public
areas, entering a contest or sweepstakes, filling out a survey,
or sending us feedback, we may ask you to provide certain
information about yourself by filling out and submitting an
online form. It is completely optional for you to elect to
engage in these activities, however, we may ask that you provide
us personal information, such as your first and last name,
mailing address (including zip code), E-mail address, employer,
job title and department, telephone and facsimile numbers, and
other personal identifying information. When ordering products
or services on the site, you may be asked to provide a credit
card number.
Depending upon the activity, some of the information we ask you
to provide is identified as mandatory and some as voluntary. If
you do not provide the mandatory data with respect to a
particular activity, you will not be able to engage in that
activity.
Non-Personally Identifiable Information: This
refers to information that does not by itself identify a
specific individual. We gather certain information about you
based upon where you visit on our site in several ways. This
information is compiled and analyzed on both a personal and an
aggregated basis. This information may include the Web site’s
Uniform Resource Locator (“URL”) that you just came from, which
URL you next go to, what browser you are using, and your
Internet Protocol (“IP”) address. A URL is the global address of
documents and other resources on the World Wide Web. An IP
address is an identifier for a computer or device on a
Transmission Control Protocol/Internet Protocol (“TCP/IP”)
network, such as the World Wide Web. Networks like the Web use
the TCP/IP protocol to route information based on the IP address
of the destination. In other words, an IP address is a number
that is automatically assigned to your computer whenever you are
surfing the web, allowing web servers to locate and identify
your computer. Computers require IP addresses in order for users
to communicate on the Internet.
2. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about
you unless you voluntarily provide it to us. You provide certain
Personally Identifiable Information to us when you (a) register
for our services and register your E-mail address with us; (b)
enter sweepstakes or contests sponsored by us or one of our
partners; (c) sign up for special offers from selected third
parties; (d) send E-mail messages, submit forms or transmit
other information by telephone or letter; or (e) submit your
credit card or other payment information when ordering and
purchasing products and services on our site. We may also
collect information from you at other points on our site that
state that such information is being collected.
In addition, we may also collect, or our third party ad server
and/or content server may collect, certain Non-Personally
Identifiable Information. This information is ultimately stored
in the form of store categories, and, in some cases, specific
URLs. We use your IP address to diagnose problems with our
servers, software, to administer our site and to gather
demographic information. Our third party ad servers will also
provide us with summary, but not individual, reports that will
tell us how many ads were presented and clicked upon at our
site.
We will primarily use your Personally Identifiable Information to
provide our services to you, as required by our agreements with
you. We will also use Personally Identifiable Information to
enhance the operation of our site, fill orders, improve our
marketing and promotional efforts, statistically analyze site
use, improve our product and service offerings, and customize
our site’s content, layout, and services. We may use Personally
Identifiable Information to deliver information to you and to
contact you regarding administrative notices. We may also use
Personally Identifiable Information to resolve disputes,
troubleshoot problems and enforce our agreements with you,
including our Site Terms of Use, Sales Terms and Conditions, and
this Private Policy.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable
Information to others. We do provide some of our services
through contractual arrangements with affiliates, services
providers, partners and other third parties. We and our service
partners use your Personally Identifiable Information to operate
our sites and to deliver their services. For example, we must
release your
credit card information to the card-issuing bank to confirm
payment for products and services purchased on this site;
release your address information to the delivery service to
deliver products that you ordered; and provide order information
to third parties that help us provide customer service.
We will encourage our service partners to adopt and post privacy
policies. However, the use of your Personally Identifiable
Information by our service partners is governed by the privacy
policies of those service partners, and is not subject to our
control.
Occasionally we may be required by law enforcement or judicial
authorities to provide Personally Identifiable Information to
the appropriate governmental authorities. We will disclose
Personally Identifiable Information upon receipt of a court
order, subpoena, or to cooperate with a law enforcement
investigation. We fully cooperate with law enforcement agencies
in identifying those who use our services for illegal
activities. We reserve the right to report to law enforcement
agencies any activities that we in good faith believe to be
unlawful.
We may also provide Non-Personally Identifiable Information about
our customers’ sales, traffic patterns, and related site
information to third party advertisers, but these statistics do
not include any Personally Identifiable Information.
4. Updating and Correcting Information
We believe you should have the ability to access and edit the
Personally Identifiable Information that you have provided to
us. You may change any of your Personally Identifiable
Information in your account online at any time by linking to
your account in accordance with instructions posted elsewhere on
this site. You may also access and correct your personal
information and privacy preferences by writing us at:
Journey Connected
2598 E. Sunrise Blvd.
Suite 210A
Fort Lauderdale, FL 33304
Please include your name, address, and/or E-mail address when you
contact us.
We encourage you to promptly update your Personally Identifiable
Information if it changes. You may ask to have the information
on your account deleted or removed; however, because we keep
track of past transactions, you cannot delete information
associated with past transactions on this site. In addition, it
may be impossible to completely delete your information without
some residual information because of backups.
5. User Choices on Collection and Use of
Information
We may, from time to time, send you E-mail regarding our products
and services. In addition, if you indicated upon registration
that you are interested in receiving offers or information from
us and our partners, we may occasionally send you direct mail
about products and services that we feel may be of interest to
you. Only NWP3 (or agents working on behalf of NWP3 and under
confidentiality agreements) will send you these direct mailings
and only if you indicated that you do not object to these
offers. If you do not want to receive such mailings, simply tell
us when you give us your personal information. Or, at any time
you can easily edit your account information to no longer
receive such offers and mailings.
You also have choices with respect to cookies, as described
below. By modifying your browser preferences, you have the
choice to accept all cookies, to be notified when a cookie is
set, or to reject all cookies. If you choose to reject all
cookies some parts of our site may not work properly in your
case.
6. Security of Information
At our site you can be assured that your Personally Identifiable
Information is secure, consistent with current industry
standards. The importance of security for all Personally
Identifiable Information associated with our user is of utmost
concern to us. Your Personally Identifiable Information is
protected in several ways. Access by you to your Personally
Identifiable Information is available through a password and
unique customer ID selected by you. This password is encrypted.
We recommend that you do not divulge your password to anyone. In
addition, your Personally Identifiable Information resides on a
secure server that only selected NWP3 personnel and contractors
have access to via password. We encrypt your Personally
Identifiable Information and thereby prevent unauthorized
parties from viewing such information when it is transmitted to
us.
In order to most efficiently serve you, credit card transactions
and order fulfillment are handled by established third party
banking, processing agents and distribution institutions. They
receive the information needed to verify and authorize your
credit card or other payment information and to process and ship
your order.
Unfortunately, no data transmission over the Internet or any
wireless network can be guaranteed to be 100% secure. As a
result, while we strive to protect your Personally Identifiable
Information, you acknowledge that: (a) there are security and
privacy limitations of the Internet which are beyond our
control; (b) the security, integrity and privacy of any and all
information and data exchanged between you and us through this
site cannot be guaranteed; and (c) any such information and data
may be viewed or tampered with in transit by a third party.
7. Cookies
When you use our site we will store cookies on your computer in
order to facilitate and customize your use of our site. A cookie
is a small data text file, which a Web site stores on your
computer’s hard drive (if your Web browser permits) that can
later be retrieved to identify you to us. Our cookies store
randomly assigned user identification numbers, the country where
you are located, and your first name to welcome you back to our
site. The cookies make your use of the site easier, make the
site run more smoothly and help us to maintain a secure site.
You are always free to decline our cookies if your browser
permits, but some parts of our site may not work properly in
that case.
We may use an outside ad serving company to display banner
advertisements on our site. As part of their service, they will
place a separate cookie on your computer. We will not provide
any third-party ad server with any of your Personally
Identifiable Information or information about your purchases. We
and our third party ad server will collect and use
Non-Personally Identifiable Information about you, such as your
IP address, browser type, the server your computer is logged
onto, the area code and zip code associated with your server and
whether you responded to a particular ad. Other advertisers may
also place banner ads on our site in the same manner as above,
but we will not disclose any Personally Identifiable Information
to them.
8. Privacy Policies of Third Party Sites
Except as otherwise discussed in this Privacy Policy, this
document only addresses the use and disclosure of information we
collect from you. Other sites accessible through our site have
their own privacy policies and data collection, use and
disclosure practices. Please consult each site’s privacy policy.
We are not responsible for the policies or practices of third
parties. Additionally, other companies which place advertising
on our site may collect information about you when you view or
click on their advertising through the use of cookies. We cannot
control this collection of information. You should contact these
advertisers directly if you have any questions about their use
of the information that they collect.
9. Miscellaneous Privacy Issues
You must be at least 18 years old to have our permission to use
this site. Our policy is that we do not knowingly collect, use
or disclose Personally Identifiable Information about visitors
that are under 18 years of age.
You should also be aware that when Personally Identifiable
Information is voluntarily disclosed (i.e. your name, E-mail
address, etc.) in the discussion forums or other public areas on
this site, that information, along with any information
disclosed in your communication, can be collected and used by
third parties and may result in unsolicited messages from third
parties. Such activities are beyond our control and this Policy
does not apply to such information. Any submissions to chat
rooms or other public areas on this site are accepted with the
understanding that they are accessible to all third parties. If
you do not want your comments to be viewed by third parties, you
are advised not to make any submissions. Ultimately, you are
solely responsible for maintaining the secrecy of your password
and/or account information. Please be careful and responsible
whenever you’re online.
If you have any questions about this Privacy Policy, the
practices of this site, or your dealings with this site, please
contact us by sending a letter to:
Journey Connected
Attn: Privacy Compliance Officer
2598 E. Sunrise Blvd.
Suite 210A
Fort Lauderdale, FL 33304
You may also contact us by E-mail at [email protected].
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