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.
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.
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:
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.
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;
(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.
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.