TERMS OF USE

Effective: January 1, 2024 

 

Thank you for using Vision Journaling Live! 

Vision Journaling Live (VJL)™ offers products and services provided by Yaumny House Inc. These Terms of Use ("Terms") govern your use of our website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact mindy@crestonefreedomproject.org if you have any questions, requests for information, or complaints. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms. 

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST VJL™. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS. THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE. 

 

1. Using Vision Journaling Live 

Who May Use Our Services 

Any use or access by anyone under the age of 13 is strictly prohibited. 

Additionally, you may use our Services only if you: 

• can form a binding contract with VJL™; 

• comply with these Terms, all applicable laws, and our Code of Conduct; and 

• are over the age at which you can provide consent to data processing under the laws of your country. Certain regions and Content Offerings may have additional requirements and/or different age restrictions. 

Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated. 

When you create your VJL™ account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. 

Our License to You 

Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by VJL™, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access. 

Commercial Use 

Any use of our Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with VJL™. If you are an organization already using our Services, separate terms apply. These terms do not govern the relationship between your organization and VJL™. 

 

2. Content Offerings 

Changes to Content Offerings 

VJL™ offers content ("Content Offerings") from skilled professionals employed by VJL™ and other providers ("Content Providers"). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. VJL™ reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings either solely or in accordance with Content Provider instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below. 

 

3. Your Content 

User Content 

The Services enable you to share your content, posts you make in the forums, and the like ("User Content"), with VJL™, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. As between VJL™ and Content Providers, such Content Offerings are governed by the relevant agreements in place between  

VJL™ and Content Providers. 

How VJL™ and Others May Use User Content 

To the extent that you provide User Content, you grant VJL™ a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting VJL™ the right to authorize Content Providers to use User Content with their participants independent of the Services. Nothing in these Terms shall restrict other legal rights VJL™ may have to User Content, for example under other licenses. 

We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies. 

Feedback 

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, VJL™ does not waive any rights to use similar or related Feedback previously known to VJL™, developed by our employees, contractors, or obtained from other sources. 

 

4. Security 

We care about the security of our users. While we work to protect the security of your account and related information, VJL™ cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing mindy@crestonefreedomproject.org.  

 

5. Third Party Content 

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. VJL™ cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. VJL™ disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content. 

 

6. Copyright and Trademark 

VJL™ respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the VJL™ Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act. 

 

7. Science Research 

VJL™ is committed to advancing the science of life changing techniques, and records of your participation in courses may be used for science research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent. 

 

8. Modifying or Terminating our Services 

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, VJL™ may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of VJL™, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "VJL™ Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go. 

 

 

9. Disclaimers 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE VJL PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE VJL™ PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK. 

 

10. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE VJL™ PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE VJL™ PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL VJL'S™ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY VJL FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. 

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE VJL™ PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO VJL'S™ ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. 

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

 

11. Export Controls 

You warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing VJL™ from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar services for the purpose of circumventing these laws is strictly prohibited. 

You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to an entity on any Sanctions List or otherwise use the services in a manner that would be in violation of applicable laws. 

Notwithstanding anything to the contrary in these Terms, VJL™ may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section. 

 

12. Indemnification 

You agree to indemnify, defend, and hold harmless the VJL™ Parties from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights. 

 

13. Governing Law and Venue 

Except as provided below, the Services are managed by VJL™ which is located in Colorado. You agree that these Terms will be governed by the laws of the State of Colorado, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and VJL™ will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Denver, Colorado as the legal forum for any such dispute. 

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. 

 

14. Binding Arbitration and Class Action Waiver 

You and VJL™ agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”). 

Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879 and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims. 

The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies. 

Neither you nor VJL™ may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or VJL™ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable. 

This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision. 

A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. 

THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR VJL™ WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 

 

15. General Terms 

Revisions to the Terms 

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms. 

Severability; Waiver 

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future). 

Content Providers 

Our Content Providers and integrated service providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them. 

Notice for California Users 

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.