Justice Journee Site Terms Of Use

Effective July 6, 2021

PLEASE READ BEFORE USING OUR SITE. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES. PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.

These Terms of Use (these “Terms”) form a binding legal agreement between Justice Journee, a Colorado nonprofit corporation (“Justice Journee”, “we”, “us”, or ” our”) and you (“your, yourself, or your’re”) regarding the Services provided on the Justice Journee website (“Services”) are provided to enable persons and members to submit Service requests, communications, and access information (“Platform”) available on this website.

These Terms apply to anyone using our Platform. Please review these Terms carefully. By claiming a nonprofit page, registering a nonprofit account, or otherwise soliciting donations through the Platform, you agree to be bound by these Terms. We may update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on this website. By using the Platform after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Platform as a nonprofit.

Persons accessing our Services are subject to these terms and conditions for use of our Services. By accessing this Service, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access or use our Services. Our website or Services should not be used as a substitute for the advice of an attorney.

This website is intended to supply general information to the public. We try to ensure the accuracy of all of the content, but cannot and do not guarantee that every item is accurate or up to date. Laws change quickly, so the website user should always do further research to make sure that legal information of any sort is up-to-date and accurate before acting upon it. The information on Justice Journee’s website is not (and is not intended to be) legal advice. The only advice we give you is do not take or omit to take any action based solely on our website’s information.

In addition, the information provided in or through this site is in general and not specific. The website user should never assume that this information applies to his or her specific situation without consulting competent counsel in the state in which he or she is doing business or has claims. We do not represent anyone, at any time ever. We may connect members with pro bono or low cost counsel who will have their own representation agreements. This website is not intended to be used in a state where the website fails to comply with all laws and ethical rules. We provide you this information to inform you about legal issues of current interest and about Services we offer our clients. We assume no obligation to update the information.

This website is intended to provide useful information and make requesting our Services easy. Your visiting our website does not create an attorney-client relationship. The website user should not consider this information alone to be an invitation for an attorney-client relationship. E-mail communication with an attorney via this website connection does not, in and of itself, establish an attorney-client relationship where none has previously existed. We do not intend any links on our website to be referrals to or endorsements of the linked entities and Justice Journee makes no representations of any kind with respect to those other websites. The use of Internet e-mail to convey confidential or sensitive information is discouraged.

Justice Journee reserves the right to modify or terminate the Service or terminate your access to the Service at any time without notice. The most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of this website. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Service. By continuing to use the Service after the date of any change to these Terms of Use, including accessing the website, you agree to be bound by the rules contained in the most recent version of this Agreement. In the event that this Agreement is in conflict with any separate agreements you have entered into with Justice Journee to obtain specific products or Services, the terms for the specific product or Service will control.

By agreeing to these Terms of Use, you also agree to the following agreements incorporated below into these Terms of Use:

  • Notice & Consent Regarding Electronic Delivery of Justice Journee  website Terms of Use
  • Justice Journee website Agreement

NOTICE & CONSENT REGARDING ELECTRONIC DELIVERY OF TCI PAYMENT SITE TERMS OF USE

Please carefully review the following information regarding the electronic delivery of Justice Journee  website Terms of Use. By consenting to the electronic delivery of the Justice Journee  website Terms of Use, you agree to the following: You agree that we may provide in an electronic format all disclosures, notices, communications, terms and conditions and amendments thereof related to this Service.

  1. How to Obtain Electronic Delivery of Justice Journee  website Terms of Use (E-Disclosures)
    • We post the most current Justice Journee website Agreement on the website.
    • We may also send yous an email and/or secure message through this Service that tells you where disclosures can be viewed on the website.
    • You may download or print electronic notices and disclosures from your computer if you have the hardware and software described below. You can also save copies to your hard drive or other media for viewing and printing at a later time.
  2. Paper Copy of Justice Journee  website Terms of Use
    If you consent to the electronic delivery of the Justice Journee  website Terms of Use, you may also request a paper copy of the Justice Journee  website Terms of Use by writing us at 1312 17th St. Ste. 875, Denver, CO 80202. There is a $5 fee for providing a paper copy, please include a money order made payable to Justice Journee with your request.
  3. Scope of Consent
    Your consent to receive electronic disclosures applies only to the Service provided by the Justice Journee website.
  4. Equipment and Software
    To access and use this Service you will need an Internet browser we support, a current version of a program that reads and displays PDF files (such as Adobe Acrobat Reader) and a computer or mobile device capable of supporting these. Your browser must also support at least 128-bit encryption and be JavaScript enabled. You will be able to access this Service only if you have agreed to the Terms of Use. To ensure a successful sign in to this Service, all the information you provide to us must be accurate, complete, and current. By submitting the login information, you are authorizing us to verify any of the information you provide. Verification of your identity may be achieved through the use of third-party Services.

    You are solely responsible for the equipment you use to access our Services. We are not responsible for errors or delays or your inability to access these Services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the Services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your equipment.
  5. Acceptance, Consent and Acknowledgement of Electronic Disclosures
    By accessing this Service, you agree to the following (if you do not agree to the terms and conditions below, do not access this Service):
    • “I have the hardware and software necessary to access and retain the Justice Journee website Terms of Use delivered electronically and am able to download and print a copy of the Justice Journee website Terms of Use;” and
    • “I have received, read and agree to the Notice & Consent Regarding Electronic Delivery of Justice Journee  website Terms of Use;” and
    • “I have received, read and agree to the terms and conditions outlined in the Justice Journee website Agreement.”

JUSTICE JOURNEE SITE AGREEMENT

The Justice Journee website Agreement (“Agreement”) governs the use of the website and Service. By using the Service, you agree to all of the following terms and conditions:

  1. Definitions
    As used in this Agreement, “account” and “accounts” mean the account you provide when establishing your Justice Journee website login information. “You”, “your”, and “yours” refers to the owner of the account or a person with authority with respect to the account using this Service. “We”, “our”, “us”, and refers to Total Card, Inc. (“Justice Journee”).
  2. Required Equipment & Access to the Justice Journee website
    In order to use this Service, you need a computer or mobile device (in this Agreement, your computer, mobile device and the related equipment are referred to together as your “Computer”) with a web browser, account number and login information. The login information is used to access your account(s) through this Service.

    You are responsible for the installation, maintenance, and operation of your computer mobile device, browser and the software. Justice Journee is not responsible for any errors or failures from any malfunction of your computer, mobile device, the browser or the software. Justice Journee is not responsible for any virus or related problems that may be associated with the use of this Service.
  3. Services Available via the Justice Journee website
    This Service allows you to submit payments, request services, and access to other resources through your account provided when establishing your login information. To use some of our Services, you must have an account listed on the website’s homepage and that account must be currently Serviced by Justice Journee. Through this Service you may have access to submit payments to the account you provide when establishing your login information. Justice Journee reserves the right to deny access to an account under certain circumstances.

    Justice Journee determines what information you will be able to access through this Service. Any discrepancies or disputes regarding the accuracy of your account summary detail must be addressed directly with Justice Journee.
  4. Electronic Mail (Email)
    Electronic confirmation may be sent to the email address you provide as your email address for this Service. If you change your email address, you may no longer be able to access our Services.

    You understand and agree that your email confirmation may be delayed or prevented by a variety of factors. We neither guarantee the delivery of any confirmation email. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation email, for any errors; or for any actions taken or not taken by you or any third party in reliance on a confirmation email.

    NOTE: If you attempt to send us an email message, please be aware that email transmissions are not secure. We advise you not to send us or ask for sensitive information via any general or public email system. If you wish to contact us, please use the contact information below.
  5. CONTENT; OWNERSHIP AND LICENSE

“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Platform.

All Content other than Your Content (as defined below) is owned by us or our third party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Platform should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Platform and Content for your personal use. Any use of the Content (including our names, logos, and trademarks) will inure to our benefit.

If you believe that any Content infringes your copyrights or that your intellectual property rights have been otherwise harmed, immediately notify our designated copyright agent by emailing info@justicejournee.org. Your notice must comply with the requirements of the DMCA by including the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our goal is to follow DMCA safe harbor provisions with regard to infringement claims. In addition to those outlined above, we will follow notice and take down provisions when our copyright agent is notified that a Nonprofit’s Content is allegedly infringing material.

  1. Unlawful or Unauthorized Use
    You may not use this Service for any unlawful or unauthorized purpose whatsoever. You will adhere to all applicable laws and regulations, which apply to Service relationships of this nature and specifically agree that you will not attempt to utilize this Service to access the account of another person.

    While accessing the website or otherwise using this Service, you agree not to:
    1. Tamper with, hack, modify or otherwise corrupt the security, content or functionality of the Service;
    2. Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or its content;
    3. Restrict or inhibit any other user from using and enjoying the site or the Service;
    4. Post or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
    5. Attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website by any illegitimate means;
    6. Post on or transmit to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law;
    7. Engage in any illegal activity or other activity which infringes our rights or the rights of others using or in connection with the Service or the website;
    8. Use this website or any portion of this website for a commercial purpose; or
    9. Copy, remove or alter any content, intellectual property or copyright, trademark or other proprietary notice or legend displayed on the site or printed pages from the website. The website’s content, including but not limited to all music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this website’s content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes.
  2. We reserve the right either to refuse to post, or to remove any information or materials, in whole or in part, that do not comply with these terms. We also reserve the right, in our sole discretion, to prohibit from using this Service any user who violates these terms. Such prohibition may occur without notice to the user.

    By offering the Service via this website, no solicitation is made by us to any person to use such Service in jurisdictions where the provision of the Service is prohibited or restricted by law. The website is intended only for use within the United States. We may restrict your access to the website during times you are in a country for which use of the website would be prohibited. The website is not intended for use by persons in any jurisdiction where such use would be contrary to applicable laws or regulations. You are responsible for compliance with all local laws.
  3. Access Information, Security & Privacy
    We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. Although we use stringent security measures and take all reasonable steps to protect your account and other personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such payment information.

    We do not tolerate fraud and reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on this website without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law-enforcement organizations in connection with investigation or prosecution of possible criminal activity on the website. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the website and/or Service may result in criminal and/or civil prosecution and immediate termination of your right to use the Service.

    Use of your unique login information is only required to access the Repository, anyone with or without a login may request our Services. You acknowledge that your login information is unique, and must be kept private and confidential to protect the security of your account. You agree not to give or make available your login information to any unauthorized individual. If you believe your login information has been compromised, lost or stolen, someone has attempted to use your Justice Journee website login, or your account has been accessed by someone other than yourself, you must notify Justice Journee immediately (using the contact information below). If you lose or forget your login information contact Justice Journee immediately.

    In order to allow for a high degree of confidentiality and security, Justice Journee requires the use of browsers that provide encryption using at least 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read information. We recommend that yous protect their valuable financial information by using the most secure encryption possible.

We also collect the content you create, upload, or receive from others when using our services. This includes things like emails, photos and videos you save or share, docs and spreadsheets you upload, and comments you make on YouTube videos. We use various technologies to collect and store information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases, and server logs.

You agree that by providing your contact information to Justice Journee, you consent to receiving communication from Justice Journee, its affiliates, and its agents in connection with your membership. This may include communication about your account, features, and services via e-email, push notification, phone, or text message (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf. Standard text messaging charges applied by your cell phone carrier may apply.

  1. Liability
    UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS WEBSITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY EMAIL OR OTHER ELECTRONIC MEANS OR RECEIVING EMAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

    Justice Journee will use its best efforts to make this Service available to you. However, Justice Journee shall incur no liability if it is unable to provide this Service to you for any reason. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your account via this Service. Unless otherwise required by applicable law, we are only responsible for performing the Services as delineated in this Agreement.

    With your acceptance and use of the website & Service, you agree that we shall not be liable to you or any third party for any indirect, incidental, or consequential costs, expenses, or damages (including lost savings, lost cases, lost damages, or attorney’s fees) resulting from or arising out of this Agreement or resulting from any errors or failures from any malfunction of your computer or any virus or computer problems that you may encounter related to the use of the Service. We will not be liable to you in the following instances:
    1. If you do not have enough money in your designated banking account to make the payment requested.
    2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent access or use despite reasonable precautions that we have taken.
    3. If access to your account is blocked in accordance with our policies.
    4. If a legal proceeding or other encumbrances restricting access or use.
    5. If you believe someone has accessed your accounts without your permission and you fail to notify us immediately (Within 24 hours).
    6. If we have received incomplete or inaccurate information from you for Services.
    7. If the information contained in our website or through our Services is out-dated, inaccurate or incomplete.
    8. If we have a reasonable basis for believing that unauthorized use of your login information or account has occurred or may be occurring or if we or you terminate this Agreement.
    9. If your membership expires.
    10. If your computer, software, WiFi, telecommunication lines were not working properly or were temporarily unavailable.
    11. If you had knowledge of or questions about the possible malfunction of our system when you initiated the payment for Services.
    12. If you do not have enough money in your designated banking account to make the payment requested.
    13. Other applicable laws and/or regulations exempt us from liability.
  2. Miscellaneous. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision. These Terms of Use constitute the entire agreement between you and Justice Journee regarding your use of the websites.
  3. Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, loss, expense, demand, liability, suit, action or other proceeding and any expenses related to your Justice Journee website account. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
  4. Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an attorney, Justice Journee employee, volunteer, or partner; nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access the Justice Journee website or your account. Any opinions, advice, statement, services, offers or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the website, are those of the respective author(s) or distributor, and not Justice Journee. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the website are the property of Justice Journee, its affiliates, their respective licensors or other third parties. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the website, without the written permission of Justice Journee or the applicable third party that may own the marks or names displayed on the website. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the website, or any other content or Information on the website, except as provided herein, is strictly prohibited.
  5. Virus Protection. Justice Journee is not responsible for any electronic virus or viruses that you may encounter. We suggest you ensure that your operating system, software, browser version, plug-ins and virus protection software are current and up-to-date. An undetected virus may corrupt and destroy your Services, files, and hardware.
  6. License to Justice Journee. Justice Journee may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Justice Journee through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Justice Journee, you grant Justice Journee a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Justice Journee’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Justice Journee the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Justice Journee’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Justice Journee in its sole discretion, whether or not such material may be protected by law. Justice Journee may, but shall not be obligated to, review, monitor, or remove User Content, at Justice Journee’s sole discretion and at any time and for any reason, without notice to you.

Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those Justice Journee has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of Justice Journee. None of the Submissions shall be subject to any obligation of confidentiality on the part of Justice Journee or its affiliates, and neither Justice Journee nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Justice Journee shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.

    1. Linked Websites
      This website may contain links to other websites operated by third parties (non-affiliates of Justice Journee). Accessing any linked website is at your own risk. We are not a party to any agreements you enter with linked websites, and are not responsible for the content, products, Services, privacy policies, or security offered by such websites. In the event you choose to use the Services available at a linked website, you agree to read and adhere to the policies and terms of use applicable to that website.
    2. Concurrent Agreements
      These Terms of Use, including the Justice Journee website Agreement, are supplement(s) to and do not supersede any other agreements that you have with Justice Journee.
    3. Alterations and Amendments
      The terms of this website Agreement may be altered or amended by Justice Journee from time to time. Any changes to Terms of Use will be posted to this website and will go into effect as soon as they are posted. Please check this website regularly for any such changes. Your continued use of this Service after Justice Journee provides you with such a notice of change will constitute your agreement to such change(s).
    4. Termination or Discontinuation
      Justice Journee reserves the right to terminate or discontinue this Service and this Agreement at any time. You may terminate this Agreement, by writing us at 1312 17th St. Ste. 875, Denver, CO 80202. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

      If any terms or conditions in these Terms of Use change due to applicable law or is declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use.
  • DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION

Arbitration of disputes. Justice Journee, and you agree to arbitrate all disputes and claims between Justice Journee and yourself that arise out of or relate in any way to the Services or these Terms. This agreement to arbitrate (“Dispute Resolution Agreement” or “Section 16”) is intended to be broadly interpreted and includes, for example:

  1. claims brought under any legal theory;
  2. claims that arose before you first accepted any version of these Terms containing an arbitration provision;
  3. claims that may arise after the termination of your Use of the Services;
  4. claims brought by or against Justice Journee, Justice Journee affiliates that provide the Services to you, Justice Journee parent companies, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities; and
  5. claims brought by or against you, the respective affiliates and parent companies of you, and the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities.

This Dispute Resolution Agreement does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in small claims court, in any court that has jurisdiction; provided that, as limited by Section 16(C) below, the arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of a small claims court. Nor does this Dispute Resolution Agreement bar any party from bringing issues to the attention of federal, state, or local agencies.

Justice Journee and you agree that, by entering into this arbitration agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. With respect to all disputes or claims that arise out of or relate in any way to the Services or these Terms, this Dispute Resolution Agreement supersedes any contrary terms regarding dispute resolution in any other agreement between the parties.

  1. Notice of disputes. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (“Notice of Dispute”), sent via method requiring signature. This Notice of Dispute to Justice Journee must be sent to the following address (“Justice Journee’s Notice Address”): Justice Journee – 1312 17th St Ste. 875, Denver, CO 80202

Justice Journee will send notice to you at the e-mail and mailing addresses associated with your account. You  each agree to receive notice at those addresses. Your Notice of Dispute to Justice Journee must provide, as applicable, (a) your ’s name and mailing address, (b) the email address you uses to log into your account, (c) dates and method of communication on previous attempts to resolve the dispute, (d) a description of the dispute, including people talked to and (e) a statement of the relief requested. If the parties are unable or unwilling to resolve the dispute within 60 days after the Notice of Dispute is submitted, the dispute will be resolved by arbitration upon one party sending the other party or parties and the American Arbitration Association (“AAA”) a demand for arbitration. For the avoidance of doubt, no arbitration demand may be submitted until at least 60 days after submission of the Notice of Dispute. Unless the parties agree otherwise, your ’s demand for arbitration must be sent to Justice Journee’s Notice Address and entitled “Demand for Arbitration.” Justice Journee will send demands for arbitration to you at the e-mail and mailing addresses associated with your account.

  1. Arbitration procedures. The arbitration will be governed by American Arbitration Association under its Commercial for any contractor, partner or agent of Justice Journee and Consumer Arbitration Rules for anyone utilizing Justice jOurnee Services; Arbitration Rules (“AAA Rules“), as modified by these Terms, and will be administered by the AAA. Unless the parties agree otherwise, the Expedited Procedures of the AAA Rules will apply to any claim of $75,000 or less. The AAA Rules are available online at adr.org. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality.

Unless the parties agree otherwise, any arbitration hearings will take place in Denver county Colorado. If the value of your ’s claim is $25,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your ’s claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision is based. All issues are for the arbitrator to decide, except that only a court of competent jurisdiction may decide issues relating to the scope and enforceability of this arbitration provision, the arbitrability of disputes, or the interpretation of Section 16(E). The arbitrator will not be bound by rulings in other arbitrations in which you is not a party. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.

  1. Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at adr.org or by calling the AAA at 1-800-778-7879). Justice Journee will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Justice Journee commences. If you commenced arbitration, you will be responsible to pay all AAA filing, administrative, and arbitrator fees for any arbitration.
  2. No class or representative arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other Justice Journee users, contractors, partners, or agents. You AND Justice Journee AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one of your claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
  3. 30-day opt out period. You have the right to opt out of this Dispute Resolution Agreement. If you who does not wish to be bound by this Dispute Resolution Agreement (including its waiver of class and representative claims) must notify Justice Journee as set forth below within 30 days of the first acceptance date of any version of these Terms containing an arbitration provision (unless a longer period is required by applicable law). Your notice to Justice Journee under this subsection must be submitted via USPS mail with signature required to: Justice Journee – 1312 17th St. Ste. 875, Denver, CO 80202.

An opt-out notice does not revoke or otherwise affect any previous arbitration agreement between you and Justice Journee.

  1. Future changes to Dispute Resolution Agreement. If Justice Journee makes any changes to this Dispute Resolution Agreement (other than a change to Justice Journee’s Notice Address), you may reject any such change by notifying Justice Journee via webform as set forth in Section 16(F) within 30 days of the change. It is not necessary to submit a rejection of the future change to this Dispute Resolution Agreement if you had properly opted out of arbitration in compliance with the requirements of Section 16(F). 

Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.

THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE PLATFORM OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN DENVER COUNTY, COLORADO. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.

THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.

    1. Right to Stop Pre-Authorized Electronic Funds
      If you have made arrangements with us to make regular payments or withdrawals out of your checking, savings, or debit card account, you can stop any of these pre-authorized payments. Write to us on a separate sheet of paper (see Correspondence Address and Telephone Number information (18) below), in time for us to receive your request at least ten (10) business days or more before the pre-authorized payment is scheduled to be made. If you call, we will require you to put your request in writing.
    2. Assignment
      You may not assign this Agreement to any other party. Justice Journee may assign this Agreement to any present or future, directly or indirectly, affiliated company. Justice Journee may also assign or delegate its rights and responsibilities under this Agreement to independent contractors or other third parties.
    3. No Waiver
      Justice Journee shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Justice Journee. No delay or omission on the part of Justice Journee in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
    4. Copyright. All rights reserved. The material and images contained on the WEBSITES are protected by copyright and are owned by Justice Journee unless otherwise indicated. No material from the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
    5. Governing Law
      This Agreement shall be governed by the laws of the State of Colorado and by applicable Federal laws and regulations.
  • Refunds/Cancellations 

Justice Journee does not provide refunds on memberships where any portion of the membership has been used, including the members only content online and services included in the membership. Members should send an email with CANCELLATION in the subject line. This email should contain the member’s full name, email address, phone, order number, and reason for cancellation. This email must be received within 48 hours of registering for membership. Cancellations for services must be received within 24 hours of requesting the service and/or prior to any action being performed to complete the service requested; to include printing, correcting, driving, or gathering data. Customers should send an email with CANCELLATION in the subject line. This email should contain the Customer’s full name, email address, phone, order number, and reason for cancellation. Send email to: info@justicejournee.org.

Correspondence Address and Telephone Number
If you need assistance with the Justice Journee website or Service, or if you need to communicate with Justice Journee, call 720-623-7387 or write to: info@justicejournee.org.

DISCLAIMERS

  1. THE SERVICES (AND ALL OTHER RELATED SERVICES) IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES, OR RESULTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. JUSTICE JOURNEE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITES. ALL INFORMATION AND USE OF THE WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. JUSTICE JOURNEE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEBSITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEBSITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. JUSTICE JOURNEE DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A JUSTICE JOURNEE PRODUCT FROM JUSTICE JOURNEE OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEBSITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION

    WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.

    WE RESERVE THE RIGHT TO CHANGE AND/OR DISCONTINUE OUR CURRENTLY PROVIDED SERVICES AT ANY TIME, FOR ANY REASON, TO THE EXTENT PERMITTED BY APPLICABLE LAW.