1. Our Commitment to Privacy

This notice describes our Privacy Policy. Our privacy policy explains how Journeys To Heal collects, uses, and protects the personal information obtained through the use of our Journeys To Heal website journeystoheal.com (“Site”). By accessing or using the Site you are accepting the practices described in this Privacy Policy. Your use of our Site and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Journeys To Heal Terms of Use are incorporated by reference into this Privacy Policy.

2. What Information is Collected.

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site. You are not required to provide us with any personally identifiable information to access the Site. However, you are required if you will be making a purchase or would like to use certain features of the Site.

1. Information We Collect Directly From You. Certain areas and features of our Site require registration for email promotions. To register you must provide at minimum your name and email address. In addition, if you make a purchase, we also collect your payment and shipping information, such as your credit or debit card information, Paypal account information, any other payment method information and your billing address.

1. Information We Collect Automatically. We automatically collect information about your use of our Services through cookies, web beacons, and other technologies. We combine this information with other information we collect about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

Site:

• domain name;
• your browser type and operating system;
• web pages you view; links you click; your IP address;
• the length of time you visit and use our Site;
• the referring URL, or the webpage that led you to our Site;
• your physical location by using satellite or internet signals

(c) We do not collect any types of Sensitive Data from our users. Sensitive Data includes any PII pertaining to: race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality, and sex life or sexual orientation. Please immediately notify us if you have accidentally submitted any Sensitive Data and we shall promptly remove such information

3. How and When the Information is Used.

The information we collect is used for administering our business activities. No personally identifiable information is sold, gathered or used for any other purpose. We may additionally use the information to notify you about changes to our Site, new services, or special offers.

1. Communications. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions in any email we send (as further discussed in Section 12).

4. How We Share Your Information.

We may share your information, including personal information, as follows:

1. Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
2. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal processes, such as in response to a court order or a subpoena.
3. To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which we are involved.
4. Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

5.  Release of Information.

We will not sell, trade, or rent your personally identifiable information to others. However, we do provide some of our services through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). Our Service Partners include Amazon, PayLoads, Barnes & Noble If you purchase any goods, Amazon, PayLoads, Barnes & Noble (depending on your method of payment) will receive your name, address, and payment information so they may properly process your order. In the event you make a purchase, Amazon, PayLoads, Barnes & Noble will receive all shipping and billing information to process our orders. We use GoDaddy to monitor our analytics, send marketing emails and store our internal data. GoDaddy collects your name and email contact information in order to send out marketing emails. We and our Service Partners may need to use some personal information in order to perform tasks between our respective sites or to deliver services to you.

6.  How We Protect Your Information.

To protect your personal identifiable information, we take reasonable precautions and follow industry standard encryption of data to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other personal information, the information is encrypted using industry-standard protections in our database. No payment information is ever stored in our database, as it is solely processed through third parties and is only temporarily stored during the processing of payment. All other information we collect may be stored in perpetuity through Squarespace’s database unless we receive a request by you to remove such information.

Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Although we describe much of the following processes throughout this Privacy Policy, please do not hesitate to email us at Kristine@journeystoheal.com to receive the following information:

• What personal information pertaining to you is being processed
• Why this information is being processed
• Who has access to this personal information about you
• How this personal information is being used in automated decisions
• What processes are using this information

7. Payment.

If you choose to make a purchase, payments are exclusively processed through Amazon, Barnes & Noble or Payloadz depending on the product. Please visit the specific company websites for more information on their privacy policies for information regarding their own security protections and use of your personal information. No payment information is stored on our Site after your order has been processed. Privacy

Policies include:

Amazon: https://www.amazon.com/gp/help/customer/display.html?nodeId=468496 Barnes & Noble: https://www.barnesandnoble.com/h/help/privacy-policy-complete Payloadz: https://www.payloadz.com/privacy.asp through Amazon, PayLoads, Barnes & Noble. Please visit Amazon.com, PayLoads.com, Barnes&Noble.com privacy policies for information regarding their own security protections and use of your personal information. No payment information is stored on our Site after your order has been processed.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Use.

8. Our Use of Cookies and other Tracking Mechanisms.

We use cookies and other tracking mechanisms to track information about your use of our Site. We may combine this information with other personal information we collect from you.

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster check out process or to allow us to track your activities at our Site. There are two types of cookies we use: session and persistent cookies.

1. Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity after you have logged in, as you move through our Site.
2. Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
3. Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
4. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

9. International Data Transfer.

Journeys To Heal is a United States company. If you are located outside the United States and choose to provide information to us, Journeys To Heal transfers and stores personal information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Site, or providing Journeys To Heal with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features in an effort to prevent loss, theft and unauthorized access, use and disclosure.

10. Third Party Analytics.

We use Squarespace Analytics to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

11. Third-Party Links.

When you click on links on our Site, they may direct you away from our Site. We are not responsible for the privacy practices of other websites or mobile applications and encourage you to read their individual privacy policies. If you visit a third-party website or mobile application link from our Site, you do so at your own risk.

12. CAN-SPAM Act and Opting Out of Emails.

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CAN-SPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email or contacting us directly. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your any purchases or requests you have made or received from us.

13. Children.

The Site is not intended for use by children under the age of 13. Journeys To Heal does not allow individuals under the age of 13 to sign up for the mailing list or make a purchase, nor do we knowingly collect or use any personal information from such children. If you are under the age of 13, do not submit any information to our Site. If we learn that we collected personal information from children under the age of 13, we will take steps to delete that information as soon as possible.

14. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will immediately post those changes on our Site. Any such changes will be effective immediately upon being posted unless otherwise stated in the change. If you have subscribed to our mailing list, you will be informed via email of the privacy policy changes when they occur.

15. California Residents Privacy Rights.

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing personal information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. We do not share any personal information with third parties for their direct marketing purposes. If in the future we choose to do so, we shall update you and ask your permission prior to disclosing such information.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to Kristine@journeystoheal.com

16. Effective Date. This Privacy Policy is effective as of June 9, 2019.

Terms & Conditions

Introduction

Welcome to the Journeys To Heal web store (“Site”). Please read the following Journeys To Heal (“Journeys To Heal”) terms and conditions (the “Terms of Use”) carefully before using the Site. We strive to offer quality holistic services for mind, body, and soul. By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site. We recommend that you keep a printed copy of these Terms of Use for future reference. Journeys to Heal Privacy Policy is incorporated by reference into these Terms of Use.

These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration (if applicable) and by changing the “Last Updated” date at the top of this webpage. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Please also read our Privacy Policy which also governs your use of this Site.

A SPECIAL NOTE ABOUT CHILDREN: This Site is not designed or intended for use by children under 13, although the Site may offer children’s products for purchase by adults. If you are under 18, you should use the Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it immediately.

Intellectual Property Ownership and Use

Please be aware that as you visit and navigate this Site your use of our Site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Site Users: The Site is hosted in the United States and is intended for and directed to users in the United States. By using this Site, you are subjecting yourself to the laws and jurisdiction of the United States.

Trademarks & Copyright

Unless otherwise noted all materials, including images, illustrations, designs, icons, products, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Journeys To Heal. All products on the Site are original creations by Journeys To Heal and their unique designs are products under all applicable copyright laws. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Journeys To Heal.

Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the products or aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Journeys To Heal or the respective copyright/trademark owner. Journeys To Heal authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials. Neither title nor intellectual property rights are transferred to you by access to this Site.

Site is solely for personal, non-commercial purposes related to placing an order or shopping on the Site. Any other use of any content included on the website, including linking or framing to this Site, are strictly prohibited unless you first obtain our prior written consent and approval.

Linked Third Party Sites

You may be able to link (through various methods including hyperlinks, clickable images or words, banners, and widgets) from this Site to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Non-Confidential Information

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas, product reviews or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.

Errors and Inaccuracies

We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability, and shipping, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.

No Guarantee of Product:

Beyond any guarantees listed in these Terms or on our Site, we make no guarantee as to the look or feel, or service of the final product once received.

Return Policy

Returns and exchanges will vary depending on the third party fulfilling the order. Amazon, Payloadz and Barnes & Noble fulfill orders and such terms will be consistent and enforced based on their Terms of Use.

Please make sure that you have carefully reviewed your order prior to finalizing your purchase.

Shipping and Delivery

Shipping and Delivery will vary depending on the third party fulfilling the order. Amazon, Payloadz and Barnes & Noble fulfill orders and such terms will be consistent and enforced based on their Terms of Use.

Please make sure that you have carefully reviewed your order prior to finalizing your purchase.

Product Availability

We reserve the right, without liability or prior notice, to revise, reprice, discontinue or cease to make available any or all products.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update billing and other information, including your email address and payment processing information so that we can complete your transactions and contact you as needed.

Force Majeure

In case of force majeure, we are not obliged to fulfill our obligations. In that case, we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms of Use.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties. In the case of a force majeure event, you are responsible for filing claims with the proper entities (for example: filing a claim with the package delivery service for damaged or lost shipments).

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, the products, or the information available on or through it; they are provided “as is,” with all faults.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOTHERLAND OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope, and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Site, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We also assume no responsibility for any allergic or other health related reactions to any of the products. Please thoroughly review all materials in each product before purchase. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Journeys To Heal, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Site including, but not limited to, (i) your violation of these Terms of Use, (ii) any use of the products outside of their intended use, (iii) any harm caused to a third party, or (iv) any activity related to your purchase or use of the Site.

Security

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

·       Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;

·       Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

·       Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and

·       Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Site.

Geographical Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this Site are appropriate or available for use in locations outside the United States of America and Canada. We make no claims that the Site is accessible or appropriate outside of the United States and Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Arbitration

Any dispute, claim, or controversy arising from or relating to this Agreement, your use of the Site, purchases made through the Site, or to any products or services sold, distributed, or manufactured by Journeys To Heal will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claims in small claims court if your claims qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.

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 (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS’ rules are available at www.jamsadr.com or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award may be entered in any court of competent jurisdiction.

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS’ rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Journeys To Heal will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, Journeys To Heal will not seek attorneys’ fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against Journeys To Heal are frivolous or brought in bad faith.

YOU AND JOURNEYS TO HEAL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor Journeys To Heal is entitled to arbitration.

To provide us with notice of an arbitration demand, send the demand to our registered agent: Legal Department, Journeys To Heal – Kristine@journeystoheal.com the Subject Heading: Arbitration Demand.

Governing Law and Jurisdiction

These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree that exclusive jurisdiction shall be in Los Angeles County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy, and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns, and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.