These Terms of Use ("Terms") form a binding agreement between you and Journey Rewards Inc. ("Journey," "we," "us," or "our") governing your access to and use of the Journey website at journey.com, the Journey mobile application, and any related services, features, content, and tools (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Specific features of the Services are governed by separate agreements that supplement these Terms, including the Loyalty Program Terms, Earning Terms, Privacy Policy, Cookie Policy, End User License Agreement, and SMS Terms, each of which is incorporated by reference. In the event of a conflict between these Terms and a feature-specific agreement, the feature-specific agreement controls with respect to that feature.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER (SECTION 14) THAT WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, EXCEPT WHERE PROHIBITED BY LAW.
1. Eligibility
Use of the Services is available to natural persons who have reached the age of majority in their jurisdiction of residence and have the legal authority and capacity to agree to these Terms. The Services are not directed to children under the age of 13, and Journey does not knowingly collect personal information from children under 13.
The Services are not available to, and may not be accessed or used by, any person who is a resident of, ordinarily located in, or accessing the Services from any jurisdiction subject to comprehensive US, UK, EU, or UN sanctions (including Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk People's Republic, and the so-called Luhansk People's Republic) or any person identified on any sanctions, denied-parties, or restricted-parties list maintained by the US Department of the Treasury's Office of Foreign Assets Control, the United Nations, the European Union, the United Kingdom, or any other applicable governmental authority.
Journey may, in its sole discretion, limit, suspend, or deny access to the Services in any jurisdiction or to any individual where Journey determines that access creates unacceptable legal, regulatory, tax, sanctions, fraud, abuse, or operational risk.
2. Accounts
To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information at registration and to keep your account information up to date. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. Notify Journey immediately at security@journey.com of any unauthorized access. Accounts are personal; one per individual. You may not transfer, sell, or share your account.
Journey may suspend, restrict, or close your account at any time, with or without notice, where Journey determines in its sole discretion that you have violated these Terms, any incorporated agreement, or applicable law, or that closure is necessary to protect Journey, other users, Alliance Partners, or third parties.
3. Acceptable Use
You agree not to:
(a) violate any applicable law, statute, regulation, or ordinance, or any agreement you have with Journey or with a third party (including Alliance Partners);
(b) provide false, inaccurate, or misleading information;
(c) use the Services on behalf of, or with information belonging to, another person without authorization;
(d) reverse-engineer, decompile, scrape, or attempt to extract source code or non-public data from the Services, except to the extent expressly permitted by applicable law;
(e) use any bot, crawler, scraper, or automated means to access the Services other than publicly documented APIs used in accordance with their terms;
(f) interfere with, disrupt, overload, or compromise the security or integrity of the Services or any network or system connected to them;
(g) bypass or circumvent any access control, rate limit, or security measure;
(h) upload or transmit any malicious code, virus, or harmful component;
(i) use the Services to engage in any fraudulent, deceptive, abusive, or unlawful conduct, including identity fraud, payment fraud, or manipulation of any Journey program, promotion, or benefit;
(j) impersonate any person or misrepresent your affiliation with any person or entity;
(k) use the Services to harass, threaten, defame, or violate the rights of any other person;
(l) commercially resell, sublicense, or exploit the Services or any content obtained through the Services without Journey's prior written authorization; or
(m) attempt to do any of the foregoing or assist any third party in doing any of the foregoing.
Journey reserves the right to investigate suspected violations, cooperate with law enforcement, and pursue all remedies available at law or in equity. Violation of this Section 3 may result in suspension or closure of your account, forfeiture of Points and benefits, and civil or criminal liability.
4. Intellectual Property
The Services and all content, design, code, graphics, text, images, audio, video, logos, trademarks, service marks, trade names, and other materials made available through the Services (collectively, the "Journey Content") are owned by Journey or its licensors and are protected by US and international intellectual property laws. Journey grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and the Journey Content solely for your personal, non-commercial use in accordance with these Terms. No other rights are granted. All trademarks, logos, and service marks displayed on the Services are the property of Journey or their respective owners; nothing in these Terms grants you any right to use them without prior written permission.
You may not copy, modify, distribute, sell, lease, publicly display, publicly perform, create derivative works of, or otherwise exploit the Services or the Journey Content except as expressly permitted by these Terms or applicable law.
5. User-Submitted Content
If you submit reviews, photos, comments, suggestions, or other content to or through the Services ("User Content"), you grant Journey a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works of the User Content in any media now known or later developed, for any purpose related to Journey's business. You represent and warrant that you have all rights necessary to grant this license and that the User Content does not infringe any third party's rights. Journey is not obligated to publish, retain, or attribute User Content and may remove or modify User Content at any time.
6. Third-Party Services and Alliance Partners
The Services may link to, integrate with, or display content from third-party services, websites, applications, and businesses, including Alliance Partners. Journey does not control and is not responsible for the content, policies, practices, or availability of third-party services. Your interactions with third parties are governed by their respective terms and privacy policies, and Journey is not a party to any contract or transaction between you and a third party except as expressly stated in the Loyalty Program Terms.
Alliance Partners are independent businesses. Journey is not the agent or representative of any Alliance Partner, and no Alliance Partner is the agent or representative of Journey. Disputes regarding the goods, services, or experiences provided by an Alliance Partner are between you and the Alliance Partner.
7. Communications
By creating an account or providing your email address or mobile telephone number to Journey, you consent to receive Service Communications necessary to operate your account and deliver the Services, including authentication codes, security and fraud alerts, transaction and reservation confirmations, account-status notices, and notices of material changes to these Terms or other Journey agreements. Service Communications are sent to the contact methods you have verified with Journey and are not subject to marketing opt-in or opt-out preferences.
Marketing Communications are separately governed by the Loyalty Program Terms and are sent only with your prior express opt-in for the applicable channel. You may withdraw marketing consent at any time without affecting your account or the Services. See the Loyalty Program Terms Section 13 and the SMS Terms for details.
You consent to electronic delivery of notices, disclosures, and agreements. You may withdraw this consent by closing your account, in which case Journey will cease providing the Services.
8. Privacy
Your privacy is important to us. Our collection, use, disclosure, and protection of personal data is described in our Privacy Policy, which is incorporated by reference. Depending on your country of residence, you may have rights of access, rectification, deletion, restriction, portability, and objection, and the right to lodge a complaint with your local supervisory authority. The Privacy Policy describes how to exercise those rights.
9. Changes to These Terms and to the Services
Journey may modify these Terms at any time. Material changes will be communicated through the Services or by email at least thirty (30) days before they take effect, except where a shorter period is required by law or where the change does not materially reduce your rights. Your continued use of the Services after the effective date of a change constitutes acceptance of the modified Terms. If you do not agree to a change, you must stop using the Services and may close your account.
Journey may add, modify, suspend, or discontinue any feature, content, or component of the Services at any time, with or without notice. Journey is not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
10. Account Closure
You may close your account at any time by contacting hello@journey.com or through the account-closure mechanism in the Services. Journey may close your account at any time, in its sole discretion, including for violation of these Terms, suspected fraud, unlawful conduct, prolonged inactivity, or any other reason permitted by law. Upon closure, your right to use the Services terminates immediately. Sections that by their nature should survive termination — including Sections 3 (Acceptable Use), 4 (Intellectual Property), 5 (User-Submitted Content), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), 16 (Time Bar), and 17 (Miscellaneous) — survive termination.
11. Disclaimers
THE SERVICES AND ALL CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES IMPLIED BY COURSE OF DEALING OR USAGE OF TRADE. JOURNEY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, RELIABLE, OR COMPLETE.
NOTHING IN THESE TERMS DISCLAIMS WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, INCLUDING CONSUMER-PROTECTION RIGHTS UNDER THE LAWS OF THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AUSTRALIA, AND OTHER JURISDICTIONS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JOURNEY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF JOURNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOURNEY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE TOTAL AMOUNTS YOU HAVE PAID TO JOURNEY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WITH RESPECT TO ANY CLAIM RELATING TO POINTS, STATUS, AWARDS, OR OTHER LOYALTY PROGRAM BENEFITS, THE SOLE REMEDY IS THE CREDITING OR RE-CREDITING OF POINTS IN AN AMOUNT NO GREATER THAN THE POINTS AT ISSUE, AS FURTHER SET FORTH IN THE LOYALTY PROGRAM TERMS.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION, OR OTHER MATTERS THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW OF THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AUSTRALIA, OR OTHER APPLICABLE JURISDICTIONS.
13. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Journey, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Services; (b) your violation of these Terms or any incorporated agreement; (c) your violation of any applicable law or any right of a third party; or (d) any User Content you submit. Journey reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with Journey's defense.
14. Dispute Resolution; Arbitration; Class-Action Waiver
Please read this Section carefully. It affects your rights.
14.1 Informal Resolution. Before initiating arbitration, you and Journey agree to attempt to resolve any dispute informally for at least sixty (60) days. To start, send a written notice describing the dispute to legal@journey.com (for notices to Journey) or to the email address on file (for notices to you).
14.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by this Section. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration is New York, New York, but the arbitration may be conducted by telephone, video, or written submissions at the election of the party initiating arbitration unless the arbitrator determines an in-person hearing is necessary. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.
14.3 Class-Action Waiver. YOU AND JOURNEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator has no power to consolidate more than one person's claims or to preside over any form of class, collective, or representative proceeding. If a court finds the class-action waiver unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in a court of competent jurisdiction; all other claims will proceed in arbitration.
14.4 Exceptions. Either party may bring (a) an action in small-claims court for claims within that court's jurisdiction, brought on an individual basis; (b) an action for injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (c) any other action where applicable law requires that the action proceed in court.
14.5 Consumer-Protection Carve-Out. If you are a consumer resident in the European Economic Area, the United Kingdom, or any other jurisdiction whose laws give you mandatory rights to bring claims in your local courts or before local authorities, those rights apply notwithstanding this Section 14.
14.6 Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@journey.com within thirty (30) days of first agreeing to these Terms. Opting out does not affect any other provision of these Terms.
15. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except where applicable consumer-protection laws in your jurisdiction of residence provide otherwise. Subject to Section 14, any action not subject to arbitration will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
16. Time Bar
To the maximum extent permitted by law, any claim or cause of action arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred. This time bar does not apply where it is prohibited by applicable law.
17. Miscellaneous
17.1 Entire Agreement. These Terms, together with the agreements incorporated by reference, constitute the entire agreement between you and Journey regarding the Services and supersede all prior agreements.
17.2 Severability. If any provision of these Terms is held invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
17.3 No Waiver. Journey's failure to enforce any provision is not a waiver of its right to do so later.
17.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations without Journey's prior written consent. Journey may assign or transfer these Terms without restriction.
17.5 No Third-Party Beneficiaries. Except as expressly stated, these Terms confer no rights on any person other than you and Journey.
17.6 Force Majeure. Journey is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, governmental action, epidemic or pandemic, fire, flood, earthquake, labor disputes, internet or utility outages, or supplier failures.
17.7 Notices. Notices to Journey may be sent to legal@journey.com or Journey Rewards Inc., [physical address]. Notices to you may be sent to the email or mailing address in your account.
17.8 Headings. Section headings are for convenience only and do not affect interpretation.
17.9 Translations. These Terms are written in English. Any translation is for convenience only; the English version controls in the event of a conflict.
Contact: legal@journey.com
