Terms of Service 2017-01-20T18:01:04+00:00

TERMS OF SERVICE

Background

Welcome to Journey Evolution! www.journeyevolution.com is owned and operated by Anthony Butto, a sole proprietorship concern, having its headquarters located at 65 Russo Avenue, East Haven, Connecticut, 06513 (hereinafter may be referred to as “”). This is an electronically generated document that doesn’t require any physical or digital signature for its authenticity. Users of this website are thus requested to read the following terms very carefully. The following terms and conditions regulate the use of the website www.journeyevolution.com (hereinafter may be referred to as the “Website” or “site”).

The term journeyevolution.com”, “Journey Evolution”, “we”, “us”, “our” refers to the owner of the website including its affiliates, licensors and representatives and the term “you”, “your”, “yours”, “Buyer” refers to the user of the website or our services. For the purpose of this Terms of Service, the term, “Users” means and include the user having a registered user account with the website, subscribers or any person accessing or viewing this Website and the plural shall be construed accordingly.

These terms have a bearing on your legal rights and duties. If you transact on or otherwise access the Website, you shall be subject to the policies that are applicable to the Website for such usage. By using or continuing to use the website or its services you agree that you have read, understood and are bound by the terms and conditions. By impliedly or expressly accepting these Terms of service, You also accept and agree to be bound by other applicable policies and terms of Journey Evolution, including but not limited to Privacy Policy, DMCA & Safe harbour policy as amended from time to time.

Journey Evolution reserves the right to update, change, modify, alter, add or remove at any time the terms of service or any part thereof applicable to you.  Such changes , modification, alteration, addition or deletion shall be effective immediately upon notice thereof which may be specified by means including , but not limited to posting on website or by electronic mail or by any other means by which the user obtains notice thereof. As long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

If at any time you find these Terms and Conditions of service unacceptable, you must immediately cease accessing the website and all use of the service provided by or through Journey Evolution.

Scope of Services and site content

The Site provides you with access to certain services, such as access to information regarding self-development books, online courses, personal coaching services, self-development knowledge through blogs where viewers/users will be able to comment and other free contents. The website may also allow users to purchase such self-development books, and coaching service material through a third party vendor facilitated through Journey Evolution website.  It will also have referrals to and promotion of other people or company’s products and affiliated market links including but not limited to Google Adsense.

Your use of any information, materials on this website or products sold is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Results may vary with any information, claims and/or products sold on this website.

Grant of License

Subject to your compliance of the terms of use, Journey Evolution grants you a limited, royalty free, non-exclusive, non-transferable license to use and download one copy of the material (information or software) form  Journey Evolution  website solely for personal, non-commercial transitory viewing only This website is made available for the user’s personal use. Under this license you may not:

  • Sub-license, sell, rent, lease, copy, modify or otherwise extract the source code of the website or any part thereof.
  • Translate the website into other language or make derivative versions of the website.
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
  • remove any copyright or other proprietary notations from the materials.
  • Conduct any other activities that is expressly prohibited herein.

The user represents that he/she will comply with all the applicable laws including the local laws of user’s country of residence while using the website.

Eligibility

The use of this website is limited to:

  1. a) Person of legal age 18 or above, who are eligible to form a binding contract and who are not a person barred under the applicable laws of land or jurisdictions to avail such services.
  2. b) A minor, in the discretion and supervision of parent or legal guardian provided that such parent or legal guardian accepts or affirm these terms of use or services.

By continuing to use this website or our services, you represent that you are not a legally incapacitated person to form a binding contract under the applicable laws of land or jurisdictions and accepting this agreement either on behalf of yourself or your child.

Account Registration and subscription

By using this Website, you get access to a user account that register you as a member for transacting purpose or are required to fill up an online form to enrol for subscription to our services for which the user shall provide certain information for successful subscription or registration of the Account and would receive a username and password upon the completion of such registration (for user account). You hereby agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Service, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Apart from ensuring your account compliance with the provision of the terms and condition herein, you shall also be responsible for all or any use under your user account. Besides, note that the security of your account and maintaining confidentiality of your account’s password is your responsibility. We shall not be responsible in the event that your account is “hacked”, or if your account or your computer is damaged by a virus, or of any other issues with your computer or your account.

Fees

Membership or subscription is free. We don’t charge any fee for browsing and using the Website for limited free services. We however may have premium service facility which are charged to users. You may choose our free Service or paid Service (“Premium”) depending on your need.  You can upgrade from free Service to Premium at any time by contacting us and following instructions accordingly. We also reserve the right to modify our Fee policy from time to time. We may modify the existing services or introduce new services offered on the website. In such event, we reserve the right to introduce fees for the new or amended services. Such Changes shall become effective immediately upon notice thereof which may be specified by means including, but not limited to posting on website. It shall be the users’ sole responsibility to comply by all the applicable laws for making payments hereunder. All prices charged or will be charged are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.

Purchase

We may make available products and services like self-development books for purchase or offer the paid online courses and personal coaching service (tangible or electronic form) through the Site, and for such we may use third-party vendors and service providers to enable e-commerce functionality on our Site. The website in this regard operates as a passive conduit between Buyers and third party vendors. The website doesn’t negotiate or sell directly. As a result, this website is not in any manner, be made a party to or control any transactions made between the Buyer and the vendor, or concerns as to the Warehouse, store, ship or delivery of any products. Therefore, in the event where the owner has their own e-commerce store in future, the third party vendor will be the one to handle all payment and shipping.

Payment Terms

All payments made against the Purchases or services on website shall be through PayPal or Credit card. The Banks from which the payment options available, will be listed while selecting the payment options. You hereby agree that Journey Evolution will not be responsible or assume any responsibility or liability whatsoever with regard to any loss, denied transaction or damage arising directly or indirectly to you. All payments made hereunder by you shall be in US dollars.

In interest of providing a safe online transaction, we may request you to provide and supporting documents, before dispatching or making any delivery of the products, to establish the authentication of payment instrument of yours.

The purchase transaction made through the E-commerce section of the website including its price, delivery, dispatch of products are regulated as per the contractual obligation agreed to between the buyer and the third party Vendor.  The payment facility by Journey Evolution is merely being used to facilitate the completion of the transaction. Thereby, use of the payment facility shall not render journeyevolution.com liable for the non-delivery, non-refund, non-receipt, non-payment, damage, breach of representations and warranties, or fraud as regards the products listed on Journey Evolution’s Website.

By choosing to transact on this website, you have authorized Journey Evolution or its service providers to collect, process, facilitate and remit payments electronically to and from other Users in respect of transactions through Payment Facility.

The users understand, accept and agree that the payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment system or collection and remittance facility for the transactions on journeyevolution.com using the existing authorized payment system infrastructure and Credit Card payment gateway networks.

Journey Evolution reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer or breach or violation of any law or any charges imposed by payment Issuing Bank or breach of any policy.

In the event, Journey Evolution is not satisfied with the creditability of the user or genuineness of the Transaction or Transaction Price, it will have the right to reject such transaction.

All payments by the buyer will be processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

User content

User content includes without limitation to the photos, profiles (including your name, image, and likeness), messages, notes, text, comments, review posted , and similar  user inputted texts or information that you upload, publish or display on the website. By posting User Content, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, or distribute User Content. Further you hereby grant Journey Evolution, its affiliates a perpetual, irrevocable, non- exclusive, transferable right to use the material you post to the website. Such usage includes without limitation: right to copy, distribute, transmit, display, publicly perform, reproduce, edit, translate and reformatting the content. You hereby agree that we may publish or otherwise disclose your name in connection with your User Content and you shall not be compensated for any user content. The rights granted under this section with respect to your personal information are limited to displaying your personal information as you have voluntarily entered it on a public forum. This information will not be otherwise used, sold or displayed. We do not assert any ownership over your User Content and subject to the rights granted herein, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You may choose to remove your User Content from the website at any time.

Given the nature of the website and the volume of messages and postings, the website cannot and does not monitor all of the contents posted or transmitted by you and other third-party information providers. We reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any content without notice, at any time for any reason. By using the Site, you expressly agree that the Website (a) will not be liable to any claims, actions or judgments arising out of or related to any such posted contents and (b) may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund. Users are solely responsible for the content they post in this website.

Prohibited activities

By availing our services, you confirm and undertake that you will not host, display, upload, modify, publish, transmit, update or share any information that:

(a)        Belongs to any other person over which you don’t have any right;

(b)        Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(c)        Is harmful or inappropriate for minors in any manner whatsoever;

(d)       Violates/infringes anyone else’s patent, trademark, copyright or any other proprietary right therein;

(e)        Is misleading or deceptive in terms of origin of the message or communicates any information that is grossly offensive or misleading in nature;

(f)        Impersonates other person;

(g)        Contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or facilitates spamming or transmission of junk e-mails;

(h)        Violates any local, state, federal, or international laws.

Without limiting the breadth of the foregoing,

(a)        You agree not to post any Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Journey Evolution.

(b)        You agree not to use our services in any illegal manner or any manner which encourages or promotes illegal activities. You agree to comply with all laws, rules and regulations applicable to your use of the Service and the Content.

(c)       You warrant not to upload or distribute any virus, bugs, trap doors, trojan horse, worm, keystroke logger, rootkit, harmful codes or other similar software or programs that may damage the functioning of the Website or another’s computer.

(d)      You shall not make efforts to subvert the website’s navigational structure by hacking into the website database to obtain information about our business practices that is not available for personal use.

(e)       You shall not attempt to test the vulnerability of the website by using unfair means to disproportionately put load on the website’s infrastructure.

(f)       You shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

(g)        You shall not attempt to access Journey Evolution’s private API by any means without the prior written consent of Journey Evolution.

(h)        You shall not attempt to crawl, scrap, extract, and harvest or otherwise access any data or content of the website via any automated means or systematic means.

(i)     You must not use Journey Evolution services to transmit or send unsolicited commercial communications.

(j)       You must not use this website for any purposes related to marketing without prior express consent of Journey Evolution.

Any person becoming aware of information or content that falls within the aforesaid list prohibiting specified activities can notify us by contacting us at: support@journeyevolution.com. If the information is found to have merit, we’ll take all necessary steps to disable access to such information.

Waiver

Journey Evolution shall not be liable to user nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. Besides, it shall be your responsibility to ensure that you comply with all governing laws in any jurisdiction that apply to your use of our Services or the website.

Disclaimer

The use of the website is at user’s sole risk. The website is provided on an “as is” basis without warranty of any kind. Journey Evolution does not warrant conditions of merchantability, fitness for a particular purpose nor the functions provided by the site will be uninterrupted or error free or that the site or the server that makes it available are free from viruses or other harmful components. We are also not responsible for any technical failure of internet or the website or loss of information or any damage or injury caused to the user or their device as a result of or relating to their use of the website. If any law implies a warranty into these terms and conditions which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. Further, Journey Evolution does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Further, for performing maintenance, up gradation of our site or for any other foreseeable/unforeseeable circumstances including force majeure, we may temporarily restrict or interrupt all or any aspect of the services including your access to such services without prior notice. You agree that Journey Evolution will not be liable for any loss incurred by you as a result of interruption of the Service, delay or failure to perform resulting from any causes whatsoever. We do not guarantee that you will be able to access the website or Services in the same way or with the same equipment or software you used prior to the change.

Indemnification and Limited Liability

You agree to indemnify Journey Evolution for certain of your acts and omissions. You agree to indemnify and hold Journey Evolution, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, consultants, representatives, subsidiaries and affiliates, harmless from any and  all third party claims, demands, losses, liability, expenses or costs (including attorneys’ fees), made against the company due to or arising out of or in connection with your use of the website or services, or your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Journey Evolution liability to you is limited to the minimum extent permitted by law and in no event shall company be liable for personal injury, business interruption, loss of profits, loss of business, loss of goodwill, loss of relationship, computer malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages or lost data, regardless of the foreseeability of those damages arising out of or in connection with your use of the Website or any other materials or services provided to you by Journey Evolution. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in this Terms of Service.

Intellectual Property and Content Ownership

All intellectual property referred to on this Website are, unless otherwise expressed or implied, owned by or licensed to us. Save as otherwise expressly provided herein, we do not grant any express or implied rights to you in any intellectual property.

All the contents including without limitation to information, graphics, data, text, layout, music, sound, photograph, arrangements, source code, software compilations or any other materials, contained or available in the website are the copyrighted work of Journey Evolution. The user agrees not to copy, use, edit, modify, reproduce, publish, display, distribute, store, transmit, exploit or otherwise disseminate any such materials, in any form whatsoever, without the prior written consent of Journey Evolution.

The trademark, logo and service mark displayed on or in the App is the exclusive property of Journey Evolution as it reserves all the intellectual property right in these contents. The user agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the website. Use of the website does not entitle the user to make any unauthorized use of any protected content. User may use the protected content solely for personal use and will make no other use of the content without express written permission of Journey Evolution.

As a user of this website, you acknowledge to conform to the law with respect to intellectual property rights of others. You hereby agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall abide to the laws concerning copyright ownership and use of intellectual property, and shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted by your user account. The burden of proving non- infringing use of any content rests solely with you. In the event you become aware or reasonable suspect of an infringing use of any intellectual property rights or other proprietary rights of any third party concerned, you shall immediately report such infringement to us.

Termination of services

Journey Evolution reserves the right to terminate this understanding or suspend  your usage of the website and related services thereof at any time without notice if we reasonably consider that there has been a breach of these Terms of Service by you or if we find any of your conduct to be unacceptable and we in such circumstances shall have the right to take action it deems necessary to protect its rights hereunder, including, without limitation, termination of service, injunctive relief, compensation and any other remedies as may be available at law or equity. However, your obligation undertaken herewith shall survive such termination or suspension. The services shall be terminated, if:

  1. You violate any terms or provision of this Terms of Service.
  2. You infringe any third party intellectual property rights.
  3. Any activity of yours is found or determined inappropriate or cause detriment to our interest.
  4. The authentication of the user information provided by you is found to be questionable.
  5. You conduct any of the prohibited act(s) herein stated.

Upon terminating your viewing of these materials or upon the termination of this license granted, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Third-Party links /Affiliate marketing or Ad-support content

The App may contain links to websites operated by other companies (Third party sites) including but not limited to affiliate marketing links and other products ads. Such third party links or Ad support content may be hosted by Google Adsense or other service providers. User’s use of such third party sites are not governed by these terms of service. The third party websites are not controlled by us and therefore we are not responsible for the contents of any linked site. These links are provided to the user only as a convenience and the inclusion of any link doesn’t imply any endorsement by our website. You will need to make your own independent judgment regarding your interaction with such independent third party websites.

Ad Supported Content includes Content which contains or is displayed with advertising, marketing or other promotional materials and which may appear while browsing our website or . You agree that you may be prevented from skipping or otherwise manipulating the display of Promotional Materials display through such video contents. We do not give any warranty or other assurance in relation to any products or services featured in such advertisements and promotional materials.

Governing Laws and Dispute Resolution

This terms of service, the privacy policy including any amendments made thereof will be governed by and construed in accordance with the applicable laws of the United States and any dispute arising out of or in connection to these terms of use shall be subject to the exclusive jurisdiction of the applicable court of United States.

Communication clause

By subscribing to or availing our services, you agree to receive communications via e-mails from us which may contain your personal data and other relevant information. You agree that you have no problem in receiving emails that incudes promotional e-mails from us in the future. You agree that the communications made through such e-mails satisfies the legal requirement of being in writing.

Severability

If a provision of these terms and conditions of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Notices

All notices to the users will be sent to their e-mails. The users, who have maintained their e-mail address with the website, will be receiving notice in such e-mail address only. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.

In case of any question the user can contact us at support@journeyevolution.com.