The Journeyman Terms and Conditions

Effective Date: 5/24/2024

Welcome to The Journeyman. These Terms and Conditions govern your use of our platform and services. By accessing or using our services, you agree to be bound by these Terms and Conditions.

1. Acceptance of Terms

By registering for and/or using the services in any manner, you agree to all of the terms and conditions contained herein. If you do not agree to these terms, do not use our services.

2. User Accounts

• Registration: To use our services, you must register and create an account. You agree to provide accurate and complete information during the registration process.
• Account Security: You are responsible for maintaining the confidentiality of your account login information and for any activities that occur under your account. Notify us immediately of any unauthorized use of your account.

3. Use of the Platform

• Permitted Use: You agree to use the platform only for lawful purposes. You may not use the platform in any way that could damage, disable, overburden, or impair the platform.
• Prohibited Use: You are prohibited from using the platform to transmit any unlawful, threatening, defamatory, obscene, or otherwise objectionable content.

4. Intellectual Property Rights

• Unless otherwise indicated, we retain all right, title, and interest in and to the Software and the Website, including without limitation all graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks or service marks reproduced through the System. These Terms of Use do not grant you any intellectual property license or rights in or to the Software and the Website or any of its components, except to the limited extent that these Terms of Use specifically set forth your license rights to it. You recognize that the Software and the Website and their components are protected by copyright and other laws.
• Conditioned upon your compliance with these Terms of Use and, if applicable, your payment of the Subscription Fees, we grant you the rights to reproduce, modify, and publicly display the Forms and use the Consent Platform (all together “Content”) on your website or mobile application. In addition, as to a Form intended to serve as a legal agreement between you and a counterparty, we grant you the right to distribute that Form to the counterparty to the extent reasonably necessary for your counterparty to execute the agreement. Under no circumstances may you use the Forms and use the Consent Platform for commercial purposes other than to facilitate compliance with applicable laws and best practices or the execution of agreements by your own business or organization. The Forms and the Consent Platform generated by the Software are licensed, not sold, and you receive no title to or ownership of the Forms or the Consent Platform.
• You and The Journeyman agree that none of the Feedback (as defined below) you or your users provide to us constitute confidential information, and nothing in these Terms of Use or in our dealings arising out of or related to subject matter of these Terms of Use will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or the user in question. You hereby grant us a perpetual, irrevocable right and license to exploit the Feedback in any and every way and subject to applicable law waive any moral rights in such Feedback. Feedback will not constitute your confidential information. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of The Journeyman’s products or services.)

5. User Representations

• By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

6. User Registration

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

1. Systematically retrieve data, Forms, or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Services.
4. Use the Services to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Services.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the Website or Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your Journeyman profile or account.
13. Use any information obtained from the Services in order to harass, abuse, or harm another person.
14. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise beyond the license granted to you under these Terms of Use.
15. Decipher, decompile, disassemble, or reverse engineer any of the Software comprising or in any way making up a part of the Services.
16. Attempt to bypass any measures of the Website or Software designed to prevent or restrict access to the Services, or any portion of the Services.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Software or the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software or the Services.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software or the Services, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, The Journeyman, the Software, Website, and/or the Services.
24. Use the Services in a manner inconsistent with any applicable laws or regulations.

8. Third-Party Websites and Content

The Services may contain (or you may be sent via the Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

9. User Content

• Content Ownership: You retain ownership of any content you upload, submit, or post to the platform. By providing content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, and display your content for the purpose of operating the platform.
• Content Responsibility: You are solely responsible for the content you upload, submit, or post. We do not endorse and are not responsible for user content.

10. Job Postings and Applications

• Job Postings: Companies may post job openings on the platform. Job postings must be accurate and comply with all applicable laws and regulations.
• Applications: Users may apply for job openings through the platform. We do not guarantee employment or engagement and are not responsible for the hiring decisions of companies.

11. Training and Certifications

• Training Programs: Users may participate in training programs listed on the platform. We are not responsible for the content or quality of the training programs.
• Certification Tracking: We provide tools for tracking certifications. Users are responsible for the accuracy of the certification information they provide.

12. Notifications

• Notification Settings: Users can customize their notification preferences. We will send notifications based on your settings to keep you informed about relevant updates and opportunities.

13. Privacy

Your use of the platform is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using the platform, you consent to our collection and use of your data as outlined in the Privacy Policy.

14. Termination

We reserve the right to suspend or terminate your account and access to the platform at our discretion, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of the platform, us, or third parties, or for any other reason.

15. Disclaimers and Limitation of Liability

• As-Is Basis: The platform is provided on an "as-is" and "as available" basis. We make no warranties, express or implied, regarding the platform.
• Limitation of Liability: To the maximum extent permitted by law, we 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 your use of the platform.

16. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of South Dakota. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Dakota.

17. Changes to Terms

We may update these Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions on this page. Your continued use of the platform after any changes constitutes your acceptance of the new Terms and Conditions.

18. Contact Us

If you have any questions about these Terms and Conditions, please contact us at support@livetjm.com.