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Last Updated: April 19, 2023
DO NOT USE OUR SERVICES IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation, you can: (i) call 911; (ii) go to the nearest emergency room; (iii) contact your local crisis center; (iv) if applicable, call the National Suicide Prevention Lifeline (1-800-272-8255); or (v) if applicable, contact the Crisis Text Line (text “GO” to 741-741).
Welcome to Hero Journey Club. The following Terms of Service ( “Terms”) are entered into between you and Hero Journey Club Inc ( “Hero Journey Club”, “we,” or “us”) and, together with any additional agreements between you and Hero Journey Club regarding your use of the Services or Content or participation in any coaching services, govern your access to and use of (i) www.herojourney.club, including any products, services, or other functionality offered on or through the www.herojourney.club domain and associated subdomains (collectively “Services”), whether as a guest or as a registered user, and (ii) any music, videos, images, text, or other content or material that is made available through the Service (the "Content").
Please read the terms carefully.
By using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms you must not access or use the Services.
IMPORTANT NOTICES AND DISCLAIMERS
Not a Healthcare Provider. Hero Journey Club is an informational resource to help people understand themselves, their thoughts, and their feelings. Hero Journey Club is not a healthcare provider, does not provide medical advice or claim to diagnose, treat, cure or prevent any disease or illness, and is not a substitute for licensed, personalized medical care or clinical mental health support. Under no circumstances will any of your interactions with any Journey Guide (“Journey Guide”) or anyone else who uses the Services be deemed or construed to create a physician-patient, therapist-patient, or similar relationship or a fiduciary duty of any kind whatsoever. If you believe that you might benefit from personalized medical care related to the issues discussed through Hero Journey Club, Hero Journey Club highly recommends that you seek outside, professional mental health care.
Mandatory Arbitration. The terms require you and us to resolve any disputes through arbitration on an individual basis. You agree that all disputes arising from, related to, or connected with your use of the services and access to the content will be resolved in accordance with the governing law and arbitration provisions set forth in Sections 15 and 16 below. You understand and agree that by entering into these terms, you waive the right to trial by jury or to participate in a class action as set forth under Section 17 below.
Warranty disclaimers and limitation of liability. While there are important terms throughout the Terms, please note that the warranty disclaimers and limitations on our liability are explained in Sections 10 and 11.
1. Changes to the Terms. We reserve the right, at our sole discretion, to modify these Terms at any time and without prior notice. It is your responsibility to check the Services from time to time for updates. The date of the last modification will be posted at the beginning of the Terms. By continuing to access or use the Services or Content, you agree to be bound by any modified Terms. If we make material changes, we will use commercially reasonable efforts to notify you of such changes where required by law, including by posting the updated Terms to the Service or sending an email to the email address we have on file for you.
3. Electronic Communications. By accepting these Terms, you consent to receive communications electronically from us. These communications may include operational notices about your account (like information from your Providers, password links and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that those communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. By providing your phone number and opting in to receive text messages, you expressly consent to receive these communications, including automated text messages to the phone number that you provide. Consent to receiving text messages is not required in order to receive products or services from us. Message and data rates may apply, and your carrier’s rates will apply. You can opt out of receiving future text messages or receive help by following the directions in the text message you receive. Opting out of calls, texts and SMS messages does not mean we will not contact you about your account. Hero Journey Club may also record your interactions with and activities on the Services, including your participation in group sessions, lessons, and other digital or interactive talks, for our own internal business purposes, including for research and to assess and improve the quality of our Services.
4. Payments, Renewals and Cancellations.
a) You may purchase a Paid Subscription directly from Hero Journey Club either by paying a subscription fee in advance on a weekly basis or some other recurring interval disclosed to you prior to your purchase.
b) We may change the price for the Paid Subscriptions, including recurring subscription fees, from time to time upon notice to you. Price changes will take effect at the start of your next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
c) Your payment to Hero Journey Club will automatically renew at the end of the applicable subscription period unless you cancel your Paid Subscription before the end of the then-current subscription period by contacting the appropriate Administrators if you purchased the Paid Subscription through Hero Journey Club. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits.
5. Age Restrictions. If you are younger than 13, you may not download or use our Services or access any Content.
a) Coaching. If you are registered and have agreed to additional terms regarding Hero Journey Club’s coaching services, you may interact with a Journey Guide. Journey Guides share success stories and help users develop skills to achieve their gaming-related goals. You acknowledge and agree that you will not interact with any Journey Guide except through communication services approved by Hero Journey Club, which may include Discord, Twitch, and Squarespace. Hero Journey Club may, at its sole discretion, replace your Journey Guide without notice.
b) Coach Disclaimer. Journey Guides do not provide diagnosis or treatment for any mental health or medical condition. Journey Guides do not provide any individualized advice regarding mental or medical conditions or illnesses.
c) Applying to be a Journey Guide. If you apply to be a Journey Guide, you agree to provide, to the best of your ability, accurate information on the application form. Additionally, you will need to agree to any additional terms we present to you.
7. Acceptable Use; Community Guidelines. You may only use the Services and Content for lawful activity. In addition:
a) Compliance with all applicable laws and regulations. You agree not to use the Services or Content in violation of any applicable local, state, federal, or international laws or regulations.
b) Manner of Use. You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, or otherwise objectionable. You agree not to post any User Content that is illegal or intended to promote or commit an illegal act of any kind.
c) Exposure to Liability. You agree to not expose Hero Journey Club, the Services, other users, or any other third parties to any harm or liability through your use of the Services.
d) Prohibition of Malware, Trojans, Bots, Etc. You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, malicious code, malware or any similar methods or technology. You may not copy, rip, capture, or collect any content on the Services using robots, spiders, scripts, scrapers, crawlers, or any similar tool.
e) Unauthorized Advertisements. You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
f) Non-Infringement. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else, including Hero Journey Club and any affiliated services.
g) Unauthorized Use. You shall not copy, redistribute, reproduce, "rip," record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Terms, any agreement between you and Hero Journey Club, or any applicable law.
h) Unauthorized Transfers. You shall not transfer copies of cached Content from any device to another device via any means.
i) Prohibition Against Reverse Engineering. You shall not reverse-engineer, decompile, disassemble, modify, or create derivative works of the Service, Content, or any part thereof except to the extent permitted by applicable law.
j) No Circumvention. You shall not circumvent any technology used by Hero Journey Club, its licensors, or any third party to protect the Content or the Service
k) No Sublicenses Granted. You shall not sell, rent, sublicense, or lease of any part of the Service or the Content.
l) Ownership Notices. You shall not remove or alter any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service.
m) Passwords. You shall not provide your password to any other person or use any other person's username and password.
8. User Content. By using the Services or accessing any Content, you grant Hero Journey Club a perpetual, irrevocable, unlimited, worldwide, nonexclusive, sublicensable license for the content you post or share (“User Content”), including but not limited to, the right to use, copy, display, make derivative works of, and other activities permitted under 17 U.S.C. § 106. Accordingly, you represent and warrant that you have all rights, licenses, consents, and releases that are necessary to grant to Hero Journey Club this license to your User Content. This license is not limited strictly to User Content posted on the Hero Journey Club site, but extends to all User Content arising out of your interaction with the Services via third-party platforms. Likewise, you grant Hero Journey Club the right to exercise this license for all User Content on the Services as well on third-party platforms.
9. Limited Content License. In providing the Services, we may make Content available to you on or through the Services. By using the Services, Hero Journey Club grants you a limited, non-exclusive, revocable right to view or to make personal, non-commercial use of the Content in connection with the Services, and all other rights in that Content are retained by Hero Journey Club. You acknowledge that the Services and the Content, including all associated intellectual property rights, are the exclusive property of Hero Journey Club and its licensors. You agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute the Service or the Content.
10. Third-Party Websites and Services. The Services may contain links to third- party websites, information, and services, including but not limited to third-party databases, networks, servers, software, programs, systems, directories, applications, or products. You acknowledge that Hero Journey Club does not control such third-party websites and services, and is not responsible for their content, operation, or use. These third-party services include, but are not limited to, Discord, Twitch and Squarespace. Please review each site’s terms and policies carefully—it is your responsibility to ensure that you comply with those agreements. Please review those terms often as they are subject to change at any time. If you access any third-party website, information or services linked from the Services, you do so entirely at your own risk.
11. AS-IS WARRANTY; WARRANTY DISCLAIMERS. YOU ACKNOWLEDGE THAT YOU ARE USING HERO JOURNEY CLUB AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND HERO JOURNEY CLUB HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. HERO JOURNEY CLUB DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
12. Indemnification; Limitation of Liability. you agree to indemnify, release, defend, and hold harmless Hero Journey Club, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Terms or your use of the Services (including any Content), or any User Content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERO JOURNEY CLUB, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL CATEGORY OF DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF HERO JOURNEY CLUB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERO JOURNEY CLUB’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TERMS OR THE USE OF THE SERVICES OR CONTENT EXCEED THE LESSER OF FIFTY ($50.00) U.S. DOLLARS OR THE AGGREGATE AMOUNT YOU PAID TO HERO JOURNEY CLUB TO ACCESS OR USE THE SERVICES IN THE MOST RECENT THREE- MONTH PERIOD.
SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF HERO JOURNEY CLUB AND ITS SUPPLIERS SHALL BE LIMITED TO THE COST OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.Notices to You. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Hero Journey Club (a) via email (in each case to the address that you provide) or (b) by posting to the Services.
14.Enforcement, No Waiver: Hero Journey Club’s failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.
15. Assignment; No Third-Party Beneficiaries. You may not assign or transfer your rights under the Terms, by operation of law or otherwise, without Hero Journey Club’s prior written consent. Any attempt by you to assign or transfer the Terms without such consent will be null and have no effect. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16. Governing Law. Any dispute arising out of or related to the subject matter of the Terms, including those based in contract, tort, or statute, shall be governed by, and construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
17. Dispute Resolution; Arbitration.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Hero Journey Club and limits the manner in which you can seek relief from us.
We will try work in good faith to resolve any issue you have with Services if you bring that issue to our attention by contacting us at firstname.lastname@example.org. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.
You and Hero Journey Club agree that any and all controversies, claims and disputes arising out of or related to these Terms or the Services or any information provided through the Services, including Content, whether based in contract, tort, warranty, statute, or any other legal or equitable basis, including without limitation, any dispute or claim relating to the formation, interpretation or enforceability of any part of these Terms (including the scope and enforceability of this Arbitration Agreement) and any claim that all or any part of these Terms is void or voidable (collectively, “Claims” and individually, a “Claim”), shall be finally resolved by binding arbitration, rather than in court; except that you and we each retain the right: (i) to bring an individual action in small claims court (if the Claim in question qualifies for small claims court); and (ii) to seek injunctive or other equitable relief in court against actual or threatened infringement, misappropriation or violation of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You and Hero Journey Club agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HERO JOURNEY CLUB WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this Section 17 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
18. Jury trial waiver, class action waiver: IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SERVICES OR THESE TERMS IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, TO THE EXTENT ALLOWED BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Any adjudication under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
19. 20. Limitation On Time to File Claims. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES OR ANY CONTENT OR OTHER ITEMS PROVIDED THROUGH THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR BE PERMANENTLY BARRED.
20. Injunctive Relief. You hereby acknowledge that your breach of these Terms may result in immediate and irreparable harm to Hero Journey Club. Accordingly, you hereby agree that, in the event of such a breach by you, Hero Journey Club shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of the Services, or Content or other information obtained through the of the Services, as well as any and all other remedies available at law or in equity.
21. Changes to the Services; Termination. Hero Journey Club may change the Services and the Content at any time in its sole discretion. Hero Journey Club may also immediately and without notice terminate the Terms and disable your access to the Services at its sole discretion, including if Hero Journey Club determines that: (a) you have materially breached the Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) such action is needed to protect the safety or property of Hero Journey Club, other users, or third parties. Hero Journey Club has the exclusive right to control the use of the Services, including but not limited to blocking, deleting, delaying, or filtering any content.
All licenses and other rights granted to you by the Terms will immediately terminate upon termination of your right to use our Services or our termination of the Services. Provisions that, by their nature, survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
22. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in full force and effect.
23. Headings: Headings are for convenience only, and do not limit or construe the sections.
24. Entire Agreement. The Terms constitute the entire agreement between you and Hero Journey Club regarding your use of the Services or access to the Content and supersede all prior written or oral agreements.
25. Reservation of Rights. We reserve all rights not explicitly granted to you in the Terms.
26. Contact Us. If you have any questions about this Privacy Notice or our privacy practices, please contact:
Hero Journey Club Inc
2 Embarcadero Center
San Francisco, CA 94111