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Terms of Service

LTHJ GLOBAL, INC. d/b/a Sojourn

Last Updated: December 22, 2022

LTHJ Global, Inc. d/b/a Sojourn (“the Company,” “We,” “Us,” or “Our”) created these Terms of Service (the “Terms”) to help you understand the rules that apply when you use the websites located at  https://lthjglobal.com/ and https://sojourndei.com (the “Sites”), purchase and use any of our products and services offered on the Sites, subscribe to our blog or newsletter, visit any of our social media channels, listen to our podcasts, or attend our workshops and events (each individually or collectively the “Services”). “You” refers to individual users, and to any individual authorized to use the Services on behalf of an organization.

When you use our Services, you agree to the following:

 

    1. Agreement to the Terms. You accept and agree to these Terms and to our Privacy Policy. If you do not agree to the Terms, you may not use the Services. We may change or modify the Terms or Privacy Policy, from time to time, at our sole discretion. We encourage you to check this page frequently for changes and modifications. If you wish to be notified of changes to the Terms, you may email us at Team@SojournDEI.com and request to be added to our notifications email list. 

 

    1. Eligibility. The Services are not intended or promoted for use by anyone below the age of 14, which is the minimum age of employment in the United States. If you are an individual user, you represent and warrant that you are at least 18 years of age, and that if you are not at least 18 years of age, your parent or guardian has agreed to these Terms on your behalf. If you are a user authorized to use the Services on behalf of an organization, you represent and warrant that all organizational users on your account are at least 14 years of age.

 

    1. Purpose and Results. Some of our Services are available to you at no cost for general entertainment, informational, and educational purposes only, whether or not you create a free user Account. Other Services are available to you only after making a one-time or subscription purchase (“Purchased Services”), and these may include entertainment, information, education, or advice that has been specifically tailored to you. Regardless of whether you are accessing our Services for general or for specific use, we cannot guarantee results.  

 

    1. Purchases and Payments. When you make a one-time or subscription purchase, you agree to any additional terms unique to that purchase, such as but not limited to terms related to cancelation, refund, and term (the length of time something is available to use after purchase) (“Purchase or Subscription Agreement”) which will be in addition to and not replace these Terms. Any Purchase or Subscription Agreement terms, such as cancelation or termination policy and pricing, will be presented when you are beginning the checkout process for a specific product or service, and therefore are not included in these core Terms. When you purchase any of our Services, your payment will be processed through Stripe or a similar third-party payment processor. Questions related to any purchase may be directed to Team@SojournDEI.com.

 

    1. Acceptable Use Policy. 

       

        1. Unlawful or Harmful Use. You agree not to use or to allow the Services to be used in any manner or to share any content via the Services:

           

            1. that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; 

            1. that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or 

            1. in violation of any law, regulation, or obligations or restrictions imposed by any third party.

        1. Improper Purposes. You also agree not to use or to allow the Services to be used to:

           

            1. upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data

            1. send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise

            1. harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent

            1. interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks

            1. attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means

            1. impersonate Us or any other user

            1. create or advance your own commercial gain

            1. harass or interfere with another user’s use and enjoyment of the Services  

            1. introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services. 

 

    1. Intellectual Property and Ownership.

       

        1. License to Use the Services. Subject to the terms of this Agreement, and your adherence to such terms, we grant you a limited non-transferable, non-exclusive, license to access and use the Services for your personal or internal business purposes. You may not: (a) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services; (b) modify, make derivative works of, dissassemble, reverse compile or reverse engineer, any part of the Services; (c) access the Services in order to build a similar or competitive service; (d) access the Services using automated means, whether through the use of bots, scrapers, or otherwise, unless permitted by this Agreement or when made available by us (e.g., API access). Except as otherwise permitted by this Agreement, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the Services is subject to the terms of this Agreement.

        1. Company Content. All content, images, designs, layouts, code, interfaces, compilations, features, elements, technical data or data incidentally created through the use of the Services, and all copyrights, trademarks, service marks, trade names, or other intellectual property or proprietary rights (“Company Content”) is owned by us or our licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Company Content in whole or in part except as expressly authorized by us, our licensors, or this Agreement. Except for the terms of any license under this Agreement, neither our licensors nor we grant you any express or implied rights in and to the Company Content, and all such rights are retained and reserved to the fullest extent permitted under law. 

        1. User Content. Any content, images, profiles, text, links, articles, software, graphics, video, music, sound, messages, or other materials that you upload, include, specify on, or share in connection with your use of the Services, whether publicly or privately, or that is otherwise collected by or through the Services (“User Content”) is owned by you subject to the extent you would have intellectual property or other proprietary rights associated with it, subject to our Privacy Policy and the license herein. You assume all obligations and risks associated with your User Content, including that: (a) no copyright, trademark, trade secret, publicity, privacy rights, or other intellectual property or proprietary rights are violated by the User Content; (b) you own or have permission to use the User Content; (c) you are fully legally responsible for the User Content; (d) all risk associated with use of the User Content such as, if applicable, the use of your User Content by others on or through the Services; (e) any liability if your User Content violates this Agreement, any third party rights, or any applicable laws; and (f) that any liability arising from the foregoing violates this Agreement and constitutes an improper and unauthorized use of the Services.

        1. License to Use User Content. In using the Services and thereby entering into this Agreement, you hereby grant, and represent and warrant that you have the right to grant, us an irrevocable, non-exclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute modify, publicly display, perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content and grant sublicenses of the foregoing, solely for: (a) providing you the Services; and (b) creating and using aggregated and anonymized data for any purpose, such as for performance and use analytics, product development, or marketing purposes. You hereby waive any claims and assertions of moral rights or attribution with respect to your User Content. 

        1. Review of User Content. We do not review User Content but we reserve the right to do so at any time and for any reason with or without notice. We may modify, restrict, flag, permanently delete, or remove User Content at any time in our sole discretion, including User Content that violates our Acceptable Use Policy or that we otherwise determine to be offensive, illegal, threatening, or that violates the rights of others.

DMCA and Copyright. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Services infringes their rights under U.S. copyright law. If you believe in good faith that material on the Services infringes your copyright rights, you (or your agent) may send us a notice requesting that such material be removed or access to it blocked. Federal law requires that your notification include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (e) a statement that you have a good faith belief that use of the material in the manner notified of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact us at Team@SojournDEI.com with the above information so we can process your request. 

 

    1. Feedback. If you submit any feedback, comments, suggestions, or support requests on or through the Services (“Feedback”), you thereby assign us all right, title, and interest in and to such Feedback.

 

    1. Personal Information and Privacy. You acknowledge that you have read and understand our Privacy Policy, which explains what Personal Information we collect and how we use it. 

 

    1. Indemnity. You agree to indemnify and hold Us (and our officers, directors, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party related to or arising out of: (a) your use of the Services or the use of any other users on your account; (b) your violation of these Terms or the violation of any other users on your account; or (c) your violation of applicable laws or regulations or those of any other users on your account. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us (or our officers, directors, employees, and agents) and you agree to cooperate with Our defense of these claims. You agree not to settle any matter without our prior written consent. We agree to use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

    1. WARRANTY DISCLAIMERS. THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” LTHJ GLOBAL INC. D/B/A SOJOURN EXPRESSLY DISCLAIMS (A) ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PLEASE CONSULT LOCAL LAW AND NOTE THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

 

    1. LIMITATION OF LIABILITY. IN NO EVENT WILL LTHJ GLOBAL INC. D/B/A SOJOURN BE LIABLE TO YOU, OR TO ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, LOST USER CONTENT, OR DATA RECOVERY COSTS. SUCH LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SITES OR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE THOUSAND US DOLLARS ($1,000) OR (B) AMOUNTS YOU PAID TO US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO PLEASE CONSULT LOCAL LAW AND NOTE THAT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

 

    1. Term and Termination. These Terms will remain in full force and effect while you use the Services. Your access to Purchased Services, if any, will conclude at the end of the billing period for such Purchased Service, after which your access to such service and related information may be deleted. Additional terms, such as how you may terminate or cancel your Purchased Service, or how long you may have to restore a Purchased Service, can be found on the check-out page for each Purchased Service. For questions, contact Team@SojournDEI.com.

 

    1. Claims and Disputes. READ THIS CAREFULLY AS IT IMPACTS YOUR RIGHTS.

       

        1. In the event of any claim or dispute, other than what is described under Article 8 of these Terms, you agree to the following:

           

            1. You will submit a detailed description of your grievance, in writing, to Team@SojournDEI.com

            1. We will have ninety (90) days after receipt of each written grievance to respond

            1. If we are unable to resolve your grievance within 90-days, you have the right to request mediation in Seattle, King County, Washington, United States, the fees of which will be evenly split between you and Us, though you are solely responsible for any and all travel and incidental costs related to your participation in mediation.

            1. In the event that mediation does not result in resolution, you agree that the matter will be resolved by binding and confidential arbitration, subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS, as mutually determined by the parties (if the parties are unable to mutually agree on AAA or JAMS, We will have sole authority to choose either AAA or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration or, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

            1. You are waiving your rights to go to court to assert or defend your rights except for matters that may be taken to small claims court. 

 

    1. General

       

        1. Entire Agreement. These Terms, together with any Purchase or Subscription Agreement, constitute the entire agreement between you and Us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. 

        1. Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect. 

        1. Inclusive Meaning. The word “including” means including without limitation. 

        1. Severability. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions will remain in effect. 

        1. Independent Contractor. Our relationship to you and to all users of our Services is that of independent contractor. Nothing in these Terms shall be construed as to have formed an employment relationship, joint venture, or partnership.

        1. Assignment. These Terms and the rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms will be binding upon assignees. Notwithstanding the foregoing, We may assign these Terms without your prior written consent as part of a merger, or a sale or transfer of all or substantially all of Our assets, or any business division covering substantially all of the Services. These Terms will be binding upon, enforceable by, and inure to the benefit of the parties and their respective and permitted assignees.

        1. Electronic Communications. You consent to our use of electronic communication for any and all notices related to these Terms.

        1. Contact Information. All communications, including notices, may be sent by email to Team@SojournDEI.com.