Terms of Use Statement

www.journeycaph.com

General Accessiblitity

Welcome to the website www.journeycaph.com (the “Site”) for Journey Holdings, LLC which does business as Journey Capital, as well as its subsidiaries, affiliates, officers, directors, managers, members, employees, agents successors and/or assigns (collectively referred to as “Journey Capital”, “we”, “us” or “owner”). By using this Site you have agreed to be bound by the following terms and conditions (“Terms of Use”). Please read the following terms and provisions carefully as your legal rights are limited or defined by this agreement. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND SERVICE.

These terms of use shall apply to all content on the Site, including, but not limited to, all statements made on the Site (whether by Journey Capital personnel or by third parties on the Site and whether in writing and/or pre-recorded video).

You hereby acknowledge that you are authorized and have the capacity to consent to the Terms of Use, and agree to its terms without reservation. You agree that these Terms of Use are supported by valuable consideration, the receipt and adequacy of which are hereby acknowledged by you. By way of example, and without limitation, such consideration includes Journey Capital’s grant of a limited nonexclusive license to you to view or access the content, data and materials on the Site.

This website is not geared or directed to persons under the age of 18, or the age of consent in the location in which you live, whichever is greater. If you are under the applicable age of consent, you are NOT permitted to use the Site.

This website is operated for the benefit of Journey Capital, its related entities, and customers. No user of this Site may use it or its content for any commercial use or purpose, except as otherwise defined in the Terms of Use. Any unauthorized use terminates this license.

Limitations on Rights, Remedies, and Use

DISCLAIMER OF WARRANTIES: This website and any content on the website are made available on an "AS IS" and "AS AVAILABLE" basis. You expressly agree that you will use this Site at your own risk. You hereby acknowledge that owner does not warrant that the Site will be timely, error-free, uninterrupted, secure, or that defects will be corrected.

You agree that Journey Capital will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the website or any services or content, or for computer viruses associated with the operation of the website. JOURNEY CAPITAL MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY: YOU AGREE THAT JOURNEY CAPITAL’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL JOURNEY CAPITAL, BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY JOURNEY CAPITAL. 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.

CERTAIN STATE LAWS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY IN YOUR STATE OF RESIDENCE AND IF A COURT OF COMPETENT JURISDICTION DECIDES THAT THE CHOICE OF LAW CONTAINED IN THE TERMS OF USE ARE NOT APPLICABLE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Intellectual Property

All content displayed, posted or submitted on this website derives from certain facets of Journey Capital’s intellectual property whether copyright, trademark, patent or otherwise.

COPYRIGHTS: Journey Capital is the author or owns the rights associated with the content used on this Site or has a license to use said content on the Site. By way of example, and without limitation, Journey Capital maintains all copyrights with respect to the content displayed, the source code, and any work of authorship used. Journey Capital’s content is protected by federal copyright law and Journey Capital reserves the right to enforce those rights when applicable. You agree to seek the prior express written permission from Journey Capital, which it may grant in its sole discretion, to reproduce, make derivative works, display, and distribute any such content.

TRADEMARKS OF SERVICE MARKS: All marks used on this Site, unless otherwise noted, belong to Journey Capital or its affiliates. Journey Capital’s marks are protected by federal and state law whether or not they are registered with USPTO or state agencies. Journey Capital reserves the right to enforce any trademark or service mark rights. You agree to seek the express written permission from Journey Capital to use any mark depicted on this Site. Further, you agree not to use marks or domain names that are confusingly similar to Journey Capital’s marks.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS: When accessing the Site, you agree to obey the law and to respect the intellectual property rights of Journey Capital and of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership, trademark ownership and use of intellectual property. You 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 agree to abide by laws regarding copyright ownership, trademark ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any of the aforementioned materials you provide or transmit. You agree that the burden of proving that any of the aforementioned material does not violate any laws or third party rights rests solely with you.

NOTICE TO RIGHT HOLDERS: If you believe that your intellectual property rights are being adversely impacted or affected by any material available on this Site, please notify Journey Capital in writing and identify: 1) the material to which you claim right; (2) proof of your ownership rights and statement indicating how your rights are being affected; and, (3) your contact information including the phone and e-mail address. Your notice should be provided to:

Journey Capital
5080 Spectrum Drive, Suite 123W
Addison, TX 75001
Attention: Office of the General Counsel

Notwithstanding the foregoing, neither Journey Capital, nor its affiliates, directors, officers, employees, or other representative can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Journey Capital nor its affiliates, directors, officers, employees, or other representative shall assume liability for any action or inaction with respect to conduct, communication, or content of any Journey Capital Site.

Miscellaneous Terms

INDEMNIFICATION AND DEFENSE: You agree, at your own expense, to indemnify, defend and hold harmless Journey Capital, its subsidiaries, affiliates, officers, directors, managers, members, employees, agents successors and/or assigns, against any claim, suit, action or other proceeding brought against Journey Capital and related parties, by a third party, to the extent that such claim, suit, action or other proceeding brought against Journey Capital and related parties is based on or arises from your use of this Site, to the greatest extent allowed by law. For example, the foregoing obligations shall be triggered if a claim relates to:

(i) your use or someone using your computer for use of the Site;
(ii) your use or someone using your account, where applicable;
(iii) a violation of the Terms Of Use by you or anyone using your computer (or account, where applicable);
(iv) a claim that any use of the Site by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
(v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer (or account, where applicable);
(vi) any misrepresentation, including false or inaccurate information, or breach of representation or warranty made by you contained herein; or
(vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service.

You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

GOVERNING LAW; VENUE: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Dallas County, Texas, USA in all disputes arising out of or in any way related to the use of the Site.

TEXAS USE ONLY: The Site is controlled and operated by Journey Capital from its offices in the State of Texas. Journey Capital makes no representation that any of the materials to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Journey Capital purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas.

SEVERABILITY; WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

CHANGES: Please check these terms of use frequently, as we may occasionally unilaterally change the terms of use by revising the language contained on this page. The most current terms of use will always be available for you on this page. Amendments to the terms of use are effective at the time they are posted on this page, and your continued use of this website will constitute your acceptance of such amendments.

RESERVATIONS: You acknowledge and agree that we reserve the right to modify or discontinue any component of the Site or any of these terms of use.