You can view all of our policy documents at Policies.

BY ACCESSING OR USING THE JOURNEY GROUP WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE JOURNEY GROUP WEBSITE.

Terms of Use

Last Modified: June 17, 2016
Effective Date: June 17, 2016

1. Introduction. The Journey Group website located at www.journeygroup.com (together with any subdomains of journeygroup.com, this “Site” or the “Journey Group Website”) is provided by Journey Group, Inc., a Virginia corporation (referred to in these Terms of Use as “Journey Group”, “we”, “us”, or “our”). By accessing or using this Site, you agree to be bound by the provisions of these Terms of Use (these “Terms of Use”) and the Privacy Policy http://yourwebedition.com/policies/privacy. By agreeing to these Terms of Use, Journey Group grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use this Site in accordance with these Terms of Use. If you violate any of these Terms of Use, the foregoing limited license to use this Site will automatically terminate. You agree to read these Terms of Use carefully.

2. Acceptance. The use of this Site is governed by these Terms of Use between each visitor to this Site (referred to in these Terms of Use as “you” or “your”) and Journey Group. Your use of this Site constitutes your acceptance of these Terms of Use. These Terms of Use contain important provisions concerning your legal rights and obligations, including disclaimers of warranties (Section 11), limitation of liability (Section 12), and indemnification (Section 13).

3. Additional Terms. Certain features of the Journey Group Website and some of our other online products and services, such as our digital publishing platform known as WebEdition (“WebEdition”), are subject to additional terms and conditions (“Additional Terms”). If there is a conflict between the relevant Additional Terms and these Terms of Use, the Additional Terms will control. As used in these Terms of Use, “Journey Group Services” means the Journey Group Website, WebEdition, and any other products or services provided by Journey Group. These Terms of Use do not apply to any products or services that Journey Group provides to you pursuant to a separate written contract.

4. Privacy Policy. Our Privacy Policy, located at http://yourwebedition.com/policies/privacy (the “Privacy Policy”), explains how we collect and use your information. You acknowledge and agree that the provisions of the Privacy Policy are made a part of these Terms of Use.

5. Modification. As technology changes and as our business grows and develops, we may, without notice, update and make additions, deletions, or other modifications to these Terms of Use (including the Privacy Policy) from time to time. We encourage you to review these Terms of Use and the Privacy Policy each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use and the Privacy Policy that are displayed on this Site on the date of such use. If you do not agree with the updated Terms of Use or Privacy Policy, you agree that you will promptly discontinue your use of this Site and the Journey Group Services. You can access historical versions of these Terms of Use, the Privacy Policy, and other policies at: http://yourwebedition.com/policies. Notwithstanding the foregoing, no modification by us of these Terms of Use or the Privacy Policy will apply retroactively.

6. Links to Third Party Websites. We may provide links on this Site or within the Journey Group Services to other websites that are not under our control (“Third Party Sites”). In general, any website that has an address (or URL) not containing our domain name (journeygroup.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between Journey Group and a Third Party Site; or (b) Journey Group’s approval, sponsorship, or endorsement of a Third Party Site or the organization or individual operating such Third Party Site, and/or (ii) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. We encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site prior to using or providing any information on such Third Party Site.

7. Ownership; Use of Site. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, including without limitation, all articles, photos, and other media and documents (each, a “Work”), together with all Intellectual Property Rights (as defined below) therein and thereto are owned by Journey Group (or the third party owners thereof). These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any Work, any content available on this Site, or any Intellectual Property Rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. This limited license includes the right to download and/or print each Work that is available on this Site for your personal use. You may not use any Work in any manner that suggests an association between Journey Group and any other person, entity, or organization. You may not (a) upload or post any of the materials on this Site to any other website, or (b) publicly make available, display, distribute, or perform any of the materials on this Site, or (c) engage in hotlinking with respect to any materials on this Site. Notwithstanding any provision herein to the contrary, the foregoing limited license will automatically terminate upon the expiration, cancellation, or termination of these Terms of Use or of your rights or licenses hereunder. As used in these Terms of Use, “Intellectual Property Rights” means intellectual property rights arising from or in respect of the following, whether protected, created or arising under the laws of the United States or any other jurisdiction: (i) fictional business names, trade names, company and corporate names, trademarks and service marks (whether registered or unregistered, including any applications for registration of any of the foregoing), logos, Internet domain names, and trade dress rights, together with the goodwill associated with any of the foregoing (collectively, “Marks”); (ii) inventions, patent applications, and patents issued therefrom in the United States and in all other countries, including all continuations, divisionals, continuations-in-part, inventions registrations, re-examinations, registrations, renewals, utility models, reissues and the like corresponding thereto (collectively, “Patents”); (iii) copyrights and registrations and applications therefor (collectively, “Copyrights”); (iv) proprietary and confidential information which constitute trade secrets, such as proprietary and confidential know-how, inventions, discoveries, concepts, ideas, methods, processes, designs, formulae, technical data, drawings, specifications, and data bases in each case excluding any of the foregoing to the extent the rights therein comprise or are protected by Copyrights or Patents (collectively, “Trade Secrets”); (v) publicity rights, including without limitation the right to use a Person’s name, image, photo, portrait, voice, sound-alike, likeness, and persona for advertising, marketing, promotional, trade, business, and commercial purposes (collectively, “Publicity Rights”); and (vi) moral rights and privacy rights (collectively, “Other IP Rights”).

8. Feedback. We encourage you to send us messages, feedback, or data, including, for example, ideas, comments, suggestions, or questions about the Journey Group Services or any other product or service (collectively, “Feedback”). You agree not to send us any information or ideas that are sensitive or confidential, and you agree that any Feedback we receive from you will not be considered confidential. You grant us a worldwide, royalty-free, exclusive, transferable, sublicensable, perpetual, and irrevocable license to record, use, practice, copy, modify, adapt, create derivative works of, store, host, publish, publicly perform, publicly display, distribute, communicate, and transmit your Feedback in any and all media or distribution methods (now known or later developed), to exercise all intellectual property rights in and to your Feedback. We will be entitled to use the Feedback for any commercial or other purpose whatsoever (including, for example, developing, improving, producing, providing, or marketing products and services) without compensation to you or any other person sending the Feedback, and we will not be under any obligation to tell you if and how we use the Feedback. The provisions of this Section 8 will continue to apply even if you stop using the Journey Group Services and will survive the expiration, cancellation, or termination of these Terms of Use.

9. Advertising. This Site may include advertising, which may be targeted to you based on information that you provide to us, your use of this Site, and other information. In exchange for us granting you permission to access and use this Site, you consent to Journey Group (and our third party providers, partners, and affiliates) placing such advertising on this Site.

10. Claims of Intellectual Property Infringement.

10.1. Generally. We respect the Intellectual Property Rights of others, and we require you and each of our users to do the same. We take claims of infringement of Intellectual Property Rights seriously, and we reserve the right, in our sole discretion, to block, interrupt, delete, or otherwise remove, disable or restrict access to, or refuse to display or transmit (collectively, “Remove” or “Removing”) any content (including without limitation, text, photos, graphics, audio, video, and other materials) you or any other person uploads, posts, sends, submits, transmits, or otherwise transfers to or through the Journey Group Services (collectively, “User Content”). In appropriate cases and in our sole discretion, we may Remove User Content if properly notified that such User Content infringes a third party’s Intellectual Property Rights. It is our policy, in appropriate circumstances, to disable and/or close the Journey Group Accounts (as defined in the Privacy Policy) of users who are repeat infringers. Without limiting any of our rights to take other action described in this EULA, including without limitation, immediately Removing or modifying Infringing Content (as defined below) without notice, we will, within a reasonable period of time following our receipt in writing of a final, non-appealable court order finding that specific User Content infringes a third party’s Intellectual Property Rights (“Infringing Content”), Remove or modify such Infringing Content in the jurisdictions to which such order applies.

10.2. Reporting Claims of Copyright Infringement.

10.2.1. Digital Millennium Copyright Act (DMCA) Notice Procedures. Journey Group will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Journey Group Services infringe your copyright, you may request removal of those materials (or access thereto) from the Journey Group Services by submitting written notification to the Journey Group Intellectual Property Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Journey Group’s designated Intellectual Property Agent to receive DMCA Notices is:

Patrick C. Asplin
Lenhart Pettit
530 East Main Street
P.O. Box 2057
Charlottesville, VA 22902
434-979-1400
DMCA-clientnotices@lplaw.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Journey Group Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

10.2.2. DMCA Counter-Notification Procedures. If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Journey Group (a “DMCA Counter-Notice”) by submitting written notification to the Journey Group Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number (and if you wish to facilitate Journey Group’s ability to contact you, your e-mail address); and
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which Journey Group may be found), and that you will accept service of process from the person who provided us with the DMCA Notice at issue.

The DMCA allows Journey Group to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your DMCA Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Journey Group Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

10.3. Reporting Claims of Other Intellectual Property Infringement. If you believe any User Content accessible on or through the Journey Group Services infringes your Intellectual Property Rights (other than your copyrights), you may request removal of the User Content (or access thereto) from the Journey Group Services by submitting written notification to the Journey Group Intellectual Property Agent (designated above). The written notice (an “Infringement Notice”) must include all of the following:

  • Your physical or electronic signature.
  • Identification and description of the Intellectual Property Rights you believe to have been infringed. If you are reporting a claim of trademark infringement, your written notice must identify the exact trademark, service mark, or other mark (and if the mark is anything other than standard characters, you must include a copy of the mark), a description of the goods or services for which you believe you have trademark rights, the registration number and office of registration (if applicable), and a description of the reason why you believe the User Content (“Alleged Infringing Content”) causes a likelihood of confusion with or dilution of your mark.
  • Identification of the Alleged Infringing Content you believe to be infringing in a sufficiently precise manner to allow us to locate it. Adequate information by which we can contact you (such as your name, mailing address, telephone number, and, if available, an e-mail address).
  • A statement that you have a good faith belief that use of the Alleged Infringing Content is not authorized by the owner of the Intellectual Property Rights, the owner’s agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are the authorized owner of the Intellectual Property Rights or that you are authorized to act on behalf of the owner of the Intellectual Property Rights.

Upon receipt of an Infringement Notice, we may act in any manner that we deem reasonable and appropriate, including without limitation, temporarily or permanently Removing the Alleged Infringing Content described in such Infringement Notice. However, we will generally endeavor to provide a copy of the Infringing Notice to the user or Channel Operator who is responsible for the applicable Alleged Infringing Content (the “Responsible Party”) and request that such Responsible Party provide a written response to the party alleging infringement (the “Asserting Party”) or to us, in which case we will forward such response to the Asserting Party, together with the Responsible Party’s contact information (name, address and e-mail address). If the Responsible Party’s response is not satisfactory to the Asserting Party, or the Responsible Party fails to respond within ten (10) business days of the date we forward the Infringement Notice, we may disclose, if known, the name, address, e-mail address, and other contact information of such Responsible Party to the Asserting Party, in which case, such Responsible Party and such Asserting Party shall communicate directly to resolve the matters alleged in such Infringement Notice. Thereafter, but without limiting our rights to take any other action that we deem appropriate or reasonable (including Removing the Alleged Infringing Content), we shall Remove or otherwise act with respect to the Alleged Infringing Content upon a written direction from both the Asserting Party and the Responsible Party or in accordance with Section 10.1 above.

JOURNEY GROUP HAS NO RESPONSIBILITY OR LIABILITY TO ANY PERSON FOR REMOVING ANY USER CONTENT OR OTHER CONTENT OR MATERIALS. YOU AND EACH USER EXPRESSLY AND FOREVER WAIVE ALL CLAIMS AGAINST THE JOURNEY GROUP PARTIES ARISING OUT OF OR RELATING TO THE TEMPORARY OR PERMANENT SUSPENSION OR REMOVAL OF ANY USER CONTENT OR OTHER CONTENT OR MATERIALS.

You agree that if you knowingly materially misrepresent that User Content or activity on the Journey Group Services is infringing Intellectual Property Rights, you will be held liable for (and will reimburse and pay the Journey Group Parties for) costs and fees (including attorneys’ fees) and other damages incurred by Journey Group in reviewing, investigating, addressing, and responding to your written notice and the claims made in such notice.

11. Disclaimer of Warranties. You expressly understand and agree as follows:

11.1. Your use of the Journey Group Services is at your own risk, and the Journey Group Services and all content and information available on or through the Journey Group Services (including all Works) are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.

11.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE JOURNEY GROUP SERVICES AND ALL CONTENT AND INFORMATION AVAILABLE ON OR THROUGH THE JOURNEY GROUP SERVICES (INCLUDING ALL WORKS) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11.3. We do not warrant or guarantee that: (i) access to and use of the Journey Group Services will be uninterrupted, free of viruses, malware, errors, harmful components, or otherwise reliable; or (ii) any defects or errors with the Journey Group Services or any information associated with the Journey Group Services will be corrected promptly or at all. We expressly disclaim any responsibility or liability for the operability, reliability, and performance of the Journey Group Services.

11.4. While we will make reasonable efforts to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate, or complete, or that this Site contains all of the relevant information available. We make no representations, warranties, or assurances as to the accuracy, currency, or completeness of this Site or of any Work or other content or information on this Site, and we disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.

12. Limitation of Liability.

12.1. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER JOURNEY GROUP NOR ANY OF ITS OFFICERS, MEMBERS, ATTORNEYS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, OR AFFILIATES (COLLECTIVELY, “JOURNEY GROUP PARTIES”) WILL BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER RELATING TO YOUR ACCESS OR USE OF THE JOURNEY GROUP SERVICES. THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF THE JOURNEY GROUP PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE MAXIMUM LIABILITY OF ANY JOURNEY GROUP PARTIES TO YOU OR ANY OTHER PERSON RELATING TO YOUR USE OF THE JOURNEY GROUP SERVICES WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE SUM OF FIVE THOUSAND DOLLARS ($5,000). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

12.3. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU.

12.4. If you do not agree with these Terms of Use or if you seek to assert any claim against any Journey Group Parties arising out of, or relating to, these Terms of Use, and/or your access and/or use of this Site, any Work, or any other information or content on this Site, your sole and exclusive remedy is to discontinue using this Site.

13. Indemnification; Breach. You agree to indemnify, defend, and hold harmless the Journey Group Parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Journey Group Services, your violation of these Terms of Use, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Journey Group reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Journey Group in asserting any available defenses. You agree that if you breach any of the provisions of this Agreement, you will pay all costs, including reasonable attorneys’ fees, incurred by Journey Group in connection with any litigation relating to such breach.

14. Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of the Journey Group Services by Children are prohibited by these Terms of Use. This Site is not designed for or marketed to Children, and Journey Group does not knowingly collect Personal Information (as defined in the Privacy Policy) from Children through this Site. By using the Journey Group Services and/or submitting any information to Journey Group through this Site or the Journey Group Services, you represent and warrant that you are at least thirteen (13) years old.

15. Termination. We may, at any time, terminate your right and license to use this Site. Your right to use this Site (including all Works) will terminate immediately and automatically if you breach any of these Terms of Use. Any termination, cancellation, or expiration of these Terms of Use or of your rights or licenses hereunder notwithstanding, provisions which are by their terms intended to survive and continue will so survive and continue, including without limitation Sections 6, 7, 8, 10, 11, 12, 13, and 16.

16. General Provisions.

16.1. Reservation of Rights. We reserve all rights relating to the Journey Group Services and the content and information available on or through the Journey Group Services (including all Works) not expressly granted to you by these Terms of Use.

16.2. Severability. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.

16.3. Non-Waiver. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized manager or officer of Journey Group.

16.4. Governing Law and Venue. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regards to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these Terms of Use and that any and all terms contained in UCITA will have no force and effect on any portion of these Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. You hereby irrevocably consent to the exclusive personal jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use, your use of this Site, any Work or other content and information on this Site, and/or any of the Journey Group Services. If any ambiguity or question of intent or interpretation arises, these Terms of Use will be construed as if drafted jointly by Journey Group and you, and no presumptions or burden of proof will arise favoring or disfavoring Journey Group or you by virtue of authorship of any of the provisions of these Terms of Use. We retain all rights at law and in equity to enforce the provisions of these Terms of Use in accordance with applicable laws.

16.5. Time Period for Bringing Claims. YOU MUST COMMENCE OR FILE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO (A) THESE TERMS OF USE, (B) THE JOURNEY GROUP SERVICES OR THE USE THEREOF BY YOU OR ANY OTHER PERSON, (C) THE PERFORMANCE OR NON-PERFORMANCE BY JOURNEY GROUP OF ANY OF OBLIGATIONS UNDER THESE TERMS OF USE, OR (D) ACTUAL OR ALLEGED INFRINGEMENT BY ANY OF THE JOURNEY GROUP PARTIES OR THE JOURNEY GROUP SERVICES OF ANY INTELLECTUAL PROPERTY RIGHTS WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. YOU EXPRESSLY WAIVE THE RIGHT TO COMMENCE OR FILE ANY SUCH CLAIM OR ACTION UNDER ANY LONGER STATUTE OF LIMITATIONS.

16.6. No Assignment. These Terms of Use are personal to you. Neither these Terms of Use nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives.

17. Contacting Us. You may contact us by e-mail at contact@journeygroup.com or by phone at 434-961-2500.