Agreement is a Legally Binding Contract between You and A 25 Hour Day, LLC (dba The Joy of Membership / JourneyCARE)

JourneyCARE (“we” or “us”) is pleased to provide you with access and use of our websites, mobile apps, and services (hereinafter referred to as “Site” or “Sites”). This Terms of Use Agreement (“Agreement”) governs your use of all Sites that link to this Site, including this Site.

Before accessing, registering, and otherwise using JourneyCARE’s Site, please read this Agreement carefully. This Agreement forms a legally binding contract between JourneyCARE’s customers and JourneyCARE, and between other users of JourneyCARE sites, including any customer’s members using JourneyCARE Sites. This Agreement does not govern any uses of JourneyCARE customers’ sites. Members (as defined below) and Visitors (as defined below) to JourneyCARE’s customer sites should review such sites for additional information governing their use of such sites. Customers’ Members and Visitors should review the terms of use posted on such customers’ websites.

BY USING ANY JOURNEYCARE SITES, YOU AGREE TO THIS AGREEMENT AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU ARE USING THIS SITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THIS AGREEMENT IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND JOURNEYCARE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THIS AGREEMENT.

If you (or your employer) do not agree to all terms set forth in this Agreement, you must immediately leave and not return to this Site. Otherwise, by accessing and using this Site, you are agreeing to be bound by this Agreement.

Key Terms/Definitions

If you access our Site on behalf of your employer, your employer is included within the term “you”/”your” as used throughout this Agreement.

In this Agreement, we refer to our customers’ members and contacts and such as "Members," and to people who use your areas of the Site without registering as "Visitors." Members and Visitors shall be referred to together as the "Audience.”

Changes to Agreement and Site

The effective date of this Agreement is set forth at the top of this webpage. As we add new features or laws change, we may modify this Agreement at any time by updating the Agreement and posting it on our Site. Any amended Agreement will supersede all previous versions of such Agreement, but changes will not apply retroactively.

If you are a JourneyCARE customer, in addition to posting the updated Agreement on our Site, we may notify you of changes to this Agreement at the email address you maintain in your account. Therefore, you should keep your email address up-to-date.

You are bound by our changes to the Agreement. Therefore, you should visit this page periodically to review this Agreement. Your continued use of our Site after any modified Agreement is posted constitutes your acceptance of the amended Agreement.

We may make changes to our Site or discontinue our Site at any time.

Your Affirmations concerning Use of This Site

It is your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws in using the Site. You are not permitted to use the Site for any illegal purpose.

If you choose to remain on this Site or later return to this Site, you affirm that: (1) Your use of this Site does not violate any applicable laws or regulations; (2) All account registration information you submit is truthful and accurate; (3) You will update your account registration information, as necessary, in order to maintain complete, accurate, and current information; (4) You are at or over the age at which you are legally permitted by your country of residence to provide consent to personal data processing activities; (5) You will not use this Site for any unauthorized purposes or in any manner that could damage, disable, overburden, or impair JourneyCARE’s servers or networks or interfere with any other party’s use and enjoyment of our Site; (6) You will be bound by all terms set forth in this Agreement, including all appendices to this Agreement and all usage guidelines; (7) You will not collect or store any personal data about any Member, Visitor, or any other user unless you are legally entitled to do so; (8) If you are a JourneyCARE customer, you are solely responsible for all account activity, including all content posted in your account, as well as for the security of your account; (9) JourneyCARE may contact you using the email address set forth in your account; (10) You will be held responsible for all use of your account, including any use by others in the event you ever permit others access to your account; and (11) You will notify us promptly at hello@journeycare.joyofmembership.com of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware involving our Sites.

Consequences for Unauthorized Use or Misuse of JourneyCARE Sites

You agree that your right to use JourneyCARE Sites will cease immediately upon your violation of any of your agreements set forth in this Agreement or upon any unauthorized use or misuse of a JourneyCARE Site, and that JourneyCARE has total discretion to terminate your account and/or your access to its Sites without further notice if you violate any of your agreements or any of the prohibition set forth in this Agreement or any such agreement or prohibition in other applicable agreements.

Unauthorized use and misuse of JourneyCARE Sites are strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and criminal prosecution. JourneyCARE reserves the right to report any breach of this Agreement or unauthorized use or misuse of the JourneyCARE Site to law enforcement authorities.

JourneyCARE Content

JourneyCARE Sites, including any information, graphics, images, artwork, text, video clip, data compilations, software, audio clip, trademark, service marks, log, trade names and other content provided on, in or through the JourneyCARE Sites (collectively, "JourneyCARE Content") are owned by JourneyCARE and protected under applicable laws. Content provided by JourneyCARE customers on their sites is owned by such customers and similarly protected by applicable laws. Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of JourneyCARE Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Unauthorized use of JourneyCARE Content may violate copyright, trademark, and other laws.

If you agree to this Terms of Use Agreement (as well as any additional terms and conditions related to specific JourneyCARE Content), JourneyCARE grants to you a personal, revocable, nonexclusive and limited license (without the right to sublicense) to access and use the JourneyCARE Sites and download, print and/or copy JourneyCARE Content solely for your own personal use and subject to this Agreement. You acknowledge that the trade secrets and intellectual property embodied in the JourneyCARE Sites have not been and will not be licensed or otherwise disclosed to you. You acknowledge that the HTML code JourneyCARE creates to generate the pages of the Sites are protected by JourneyCARE copyrights. All rights not expressly granted herein are reserved by JourneyCARE.

You agree that unless JourneyCARE provides you with prior written authorization to do so, you will not:

incorporate any JourneyCARE Content into any other work or use JourneyCARE Content in any public or commercial manner; or

change any notice about copyright, trademarks or other intellectual property rights that may be part of the JourneyCARE Content.

Trademarks, logos and service marks (the “Marks”) displayed in or through JourneyCARE Sites are owned by JourneyCARE or third parties. You are prohibited from using the Marks without the prior written permission of JourneyCARE or such third party. If you would like information on how to obtain JourneyCARE’s permission to use JourneyCARE Content, email hello@journeycare.joyofmembership.com.

Third Party Sites and Services

JourneyCARE may include or otherwise utilize third-party plug-ins, links and applications (“apps”) on its Sites. Your JourneyCARE site can be accessed from a browser on a desktop or mobile device, or from apps created by JourneyCARE or third-party application developers. Such third-party plugins, links, and apps are not under the control of JourneyCARE, and JourneyCARE is not responsible for such third-party plugins, links or apps, or for any information or materials on or any transmission received from any linked services. The inclusion of a third-party plug-in or link does not imply endorsement by JourneyCARE of the third party or any association of JourneyCARE with the third-party operators. We do not endorse any third-party product or service, and we are not responsible for the content or reliability of any third-party product or service. JourneyCARE provides such plug-ins and links for your convenience only. You access such plug-ins and links at your own risk.

Some of our Site content may be provided by third parties. JourneyCARE is not responsible for any such third-party content.

Validity of Contract, Disclaimer of Warranties, and Limitations of Liability

JourneyCARE warrants that JourneyCARE has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.

JOURNEYCARE SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of content on our Sites or results to be achieved from using our Sites. Your use of the Site, including all content on our Site, is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, JOURNEYCARE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, FREEDOMS FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.

JOURNEYCARE DOES NOT WARRANT THAT: (1) ALL OF OUR SITES WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; OR (3) ANY ERRORS WILL BE CORRECTED. IF YOUR USE OF JOURNEYCARE’S SITES/SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, OR LOSS OF PROFITS OR DATA, JOURNEYCARE WILL NOT BE RESPONSIBLE FOR THOSE COSTS. ANY ORAL OR WRITTEN ADVICE PROVIDED BY JOURNEYCARE OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE A WARRANTY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

If you are dissatisfied with our Sites, including the content of our Sites, your sole remedy is to discontinue use of our Sites.

YOU AGREE THAT IN NO EVENT WILL JOURNEYCARE OR ANY OF ITS SERVICE PROVIDERS OR ANY THIRD PARTIES REFERENCED ON ANY OF THE JOURNEYCARE SITES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER TYPE OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE JOURNEYCARE SITES AND THEIR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY EVEN IF JOURNEYCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF JOURNEYCARE SITES. THIS DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, JOURNEYCARE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $1,000.

You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that JourneyCARE would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above-asserted limitations of liability.

Indemnification

You agree, at your own expense, to defend, indemnify, and hold harmless JourneyCARE and its clients, co-branders, partners, and third-party service providers, as well as all of our and their subsidiaries, affiliates, related entities, directors, officers, shareholders, employees and agents from and against all losses, liabilities, claims, actions or demands, including without limitation, any money damages, expenses, costs of defense, including reasonable attorneys’ and accounting fees, brought against JourneyCARE by any third party arising from your use of a JourneyCARE Site or your violation of any of the terms set forth in this Agreement, the rights of a third party, or applicable law. This indemnification provision does not apply to the extent prohibited by applicable law. JourneyCARE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of JourneyCARE may be made without JourneyCARE’s prior written approval.

Dispute Resolution

Except for any disputes relating to intellectual property rights or obligations, or any infringement claims, all of which shall be governed by US federal law, any dispute between you and JourneyCARE and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and the interpretation or the breach, termination or validity thereof, shall be governed by and construed and enforced in accordance with the laws of Illinois and resolved in a court of competent subject matter jurisdiction in Peoria, Illinois, USA, regardless of your country of origin or where you access the Sites, and notwithstanding any conflicts of law principles. JourneyCARE will provide notice of any such lawsuit by email to the email address you provided when you created your account or by email to an email address you have otherwise provided to JourneyCARE; and you must provide notice of any such suit to JourneyCARE by email at hello@journeycare.joyofmembership.com.

You and JourneyCARE agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

Regardless of any statute or law to the contrary, notice on any claim arising from or related to this Agreement must be made within one (1) year after such claim arose or be forever barred.

Your Rights and Obligations are Not Transferable

This Agreement and your rights and obligations under it are not transferable by you to any other person. We may transfer our rights and obligations to the acquirer upon any sale of all or a part of our business.

Updates to Mobile Applications

We may from time to time (in our sole discretion) develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that JourneyCARE has no obligation to provide any updates or to continue to provide or enable any particular features or functionality.

Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available updates.

Promptly download and install all updates. If you do not, portions of JourneyCARE Sites may not properly operate. You further agree that all updates will be deemed part of JourneyCARE Sites, and be subject to all terms and conditions in this Agreement.

Electronic Contracting

Your affirmative act of using and/or registering for JourneyCARE Sites constitutes your consent to enter into agreements with us electronically.

Geographic Restrictions/Export Controls

You acknowledge that for legal or operational reasons you may not be able to access JourneyCARE Sites or Site content in your jurisdiction. You are responsible for compliance with all local laws, including local laws regarding the import, export, or re-export of Site content.

JourneyCARE Sites may be subject to export control laws in certain countries. You agree you will comply with such laws and regulations, and you will not, directly or indirectly, export, re-export or release JourneyCARE Sites to, or make JourneyCARE Sites accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree you will comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making JourneyCARE Sites available. Additionally, by downloading any content from JourneyCARE Sites, you are agreeing that you are not in a country to which such export is prohibited.

Fees and Refunds

Fees charged for using the Site are payable in the amounts and in the manner described on the Site. Fees are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Site. If you are a paying customer and we change the fees, we will also notify you at the email address you provide in your registration information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the Site. All currency references on the Site are to U.S. dollars.

Termination

At its sole discretion, JourneyCARE may modify or discontinue JourneyCARE Sites, or may modify, suspend, or terminate your account and your and your Members’ and the public’s access to your JourneyCARE Sites, with or without notice to you, at any time for any reason, without liability to JourneyCARE or to any third party. For example, your Account may be cancelled and your access to JourneyCARE Sites denied, with or without notice, if you breach or facilitate or permit any breach or violation of this Agreement or if your account is in arrears. As another example, JourneyCARE may terminate your Account and your ability to use JourneyCARE Sites, with or without notice, if JourneyCARE has reason to believe that you have provided untrue, incomplete or inaccurate information, or have otherwise failed to comply with this Agreement or any applicable Additional Terms. You agree to return or destroy any copies of any Site content you have made if we ask you to do so.

If we terminate your account for cause under this Agreement, you shall not be entitled to any refund for any remaining period under your account. Termination will not limit any of JourneyCARE’s other rights or remedies. This Agreement will expressly survive, and will still be in effect, despite any such modification, discontinuation, suspension, and/or termination.

We also may remove any content you post on the Site, or that your Audience posts on the Site in relation to your account, for cause under this Agreement, or for any other reason and at any time.

Claims of Copyright Infringement

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through JourneyCARE Sites, send your claim or notice of infringement to JourneyCARE at hello@journeycare.joyofmembership.com.

Your notification must include the following information:

a. state the claimant's name and address;

b. identify the copyright material that is alleged to have been infringed and the claimant's interest or right with respect to that material;

c. specify the location data (e.g. the web address or Internet address associated with the alleged infringement);

d. specify the infringement that is alleged; and

e. specify the date and time of the alleged infringement.

Miscellaneous Provisions



a. If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.

b. If JourneyCARE fails or you fail to perform any obligation under this Agreement, and the other party does not enforce such obligation, failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.

c. Nothing contained in this Agreement will be deemed to constitute JourneyCARE or you as the agent or representative of the other or as joint venturers or partners.

d. Headings and captions are for convenience only, and shall not be binding on either party.

Questions

If you have questions about this Agreement, you can contact us at hello@journeycare.joyofmembership.com. You also can write to us at The Joy of Membership, PO Box 9158, Peoria, IL 61612.