Last updated: March 16, 2010
Acceptance of Terms
Please read these Terms of Service carefully before using the Websites and/or Services (as defined below). By using the Websites and/or Services, you represent that you are an adult in your country of residence, and you signify that you agree to these Terms of Service (which constitute a binding legal agreement) on behalf of yourself. If you do not agree to these Terms of Service, DO NOT use the Websites and/or Services.
The Services that Invested.in Inc. (together with its parent, affiliates, successors and assigns, “Invested.in” the “Company” or “we”) provides to you viahttp://invested.in/and the assortment of related resources (such as communication tools, forums, web pages, etc.) (collectively, the “Websites”) are subject to the following Terms of Service. Invested.in reserves the right to modify and update these Terms of Service at any time provided that Invested.in gives notice (“Notice”) to you of any changes via either e-mail or by posting a notice to the Terms of Service that the Terms of Service on the Websites have been modified and/or amended. Such modifications and updates shall be effective upon your first use of the Website or Services after Invested.in has given Notice. If at any point you do not agree to these Terms of Service or any changes or updates to the Terms of Service, your only remedy is not to use the applicable Website or Service, to cancel any accounts (“Accounts”) that you may have established to access our Services. Your continued use of the applicable Website or Service after Notice has been given that a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, you hereby consent that we may issue to you a warning about the violation, or we may immediately terminate or suspend any or all of your Accounts or Services. You acknowledge and agree that Invested.in is not required to provide you with notice before terminating or suspending your Accounts or Service(s), but it may choose to do so.
Description of Services
Through the Websites, Invested.in may provide you with access to a variety of products, applications and services, and related resources, including communication forums, community sites and product information (collectively “Services”). The Services, including any updates, enhancements, new features, or the addition of any new Websites, are subject to these Terms of Service and any codes of conduct or posted rules, instructions or guidelines regarding a particular Service. WE MAY CHANGE THE WEBSITES OR SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
By using the Websites and/or Services, you represent and warrant that you (i) understand that participation in certain Services may be speculative and involves a high degree of risk, (ii) can bear the economic risk of your participation, including a total loss, (iii) have such knowledge and experience in financial or business matters that you are capable of evaluating the merits and risks of your participation in the applicable Services, and (iv) understand and agree that it is your sole responsibility to return and deliver on representations, warranties and promises made by you to other Invested.in members. Invested.in is not responsible or liable for the results of your participation in the Services.
User Account, Password and Security
If any of the Services requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. The information is used to identify you as a unique user of the Websites. In the event that Invested.in learns that you have provided Invested.in with false or misleading information, Invested.in may immediately, without notice, terminate your Account. The Account creation process can not be completed by anyone under the age of 18. If a registrant is determined to be less than 18 years of age as based on the supplied birth date, we will immediately, without notice, terminate such registrant’s Account.
During the registration process, you may be asked to create a unique account name and a password that are specific to your account. You may not use an account name that is used by someone else, is vulgar or otherwise offensive (as determined by Invested.in in its sole discretion), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. DO NOT use personal information that can identify who you are when choosing your account name. You are entirely responsible for maintaining the confidentiality of your Account information (including account names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Invested.in immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Invested.in). Invested.in will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Invested.in or another party due to someone else using your Account. You may not use anyone else’s Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account without refund and additional charges based on unauthorized use.
Although a Service may offer a feature that allows you to “remember” your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.
You understand that system specifications necessary to the Services may continuously evolve over time. Accordingly, Invested.in reserves the right to modify or increase the system specifications necessary to access any Services, whether free or for a fee, at any time and without prior notice.
Charges and Billing
You may have an Account without paying to participate in certain Services. However, Invested.in may charge fees to access certain Services and participate in related activities on the Websites. You must be 18 years of age (or, if you reside outside the United States, the age of majority in your place of residence) or older to make any such purchase. You must have an Account and pay the applicable fees to participate in these subscription or fee-based Services. If you must pay a fee to access a Service, this information will be posted on the Website established for such Service or the distribution of such Service. YOUR FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. Invested.in reserves the right to deny you further access to any applicable Website or Services if a payment is not received. You agree to reimburse Invested.in for all costs and expenses incurred by Invested.in in connection with the collection of payments, including bank or service charges and attorney fees, if any.
If your use of our Services is subject to use or sales tax, then Invested.in may also charge you for any such taxes, in addition to other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications (such as mobile device data transfer), or other connection charges.
No Purchases by Minors
By purchasing a Service from Invested.in, you represent that you are 18 years of age or older. If a child under the age of 18 (or, if outside the United States, under the age of majority in the child’s place of residence) purchases a Service from Invested.in, then the parent or guardian may return the purchase for a refund according to the posted returns and exchanges policy that relate to that order.
In some cases, it may be possible for you to use a credit, charge or debit card or prepaid payment card (each referred to herein as “Credit/Debit Cards”) to pay for your purchases. When you provide Credit/Debit Card information to Invested.in (or its designated licensees or subcontractors), you represent and warrant to Invested.in that you are the authorized user of the Credit/Debit Card that is used to pay subscription charges or other fees. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
Fees Charged by Third-Party Sites
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Invested.in. Invested.in may also provide access to third-party vendors who provide content, goods or services on the Websites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Invested.in makes no representation or warranty regarding any content, goods or services provided by any third-party even if linked from a Website or Service.
By “Content,” we mean the communications, images, text, sounds, and all the material and information received or made available from the Websites or Services, whether provided by Invested.in or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Websites. Content standards may vary depending on where you are on the Websites and the expectations of the community.
You acknowledge and agree that all Content created by Invested.in or third parties at the direction of or on behalf of Invested.in are the sole and exclusive property of Invested.in and may be used by Invested.in (or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose. You acknowledge that: (i) the Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Invested.in or third-party licensors (collectively, “Rights”), (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. Subject to the terms and conditions of these Terms of Service, any intellectual property rights in and to any Content created by you (“User-Generated Content”) shall be retained by you.
You agree that you may upload or otherwise transmit on or through the Service only User-Generated Content that is not subject to any third-party Rights, or User-Generated Content in which any holder of Rights has given express authorization for distribution on the Service. You represent and warrant that (a) the User-Generated Content and all elements thereto are wholly owned original works of authorship created and/or developed by you, are in the public domain or are properly authorized by the holder of the Rights relating to such User-Generated Content; (b) you did not copy any content incorporated or used in the User-Generated Content or any element thereto from any copyrighted or other proprietary source owned by any other person or entity without their express authorization; (c) the User-Generated Content does not infringe upon any statutory or common law copyright; any trade dress, trademark, or service mark, or any patent; (d) the User-Generated Content does not violate the right of privacy or publicity of any person, and do not contain any matter libelous or otherwise in contravention of the rights of any third party; (e) the User-Generated Content contains no matter that violates any federal, state, or local common law, statute, or regulation, nor is it in any manner unlawful; and (f) no third party has made any claims of infringements of their rights by the User-Generated Content. You acknowledge and agree that you are solely responsible for all of the User-Generated Content that you upload or otherwise transmit on or through the Service. You agree to indemnify, defend and hold Invested.in, its parents, affiliates, managers, directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees), arising out of any breach of your representations or warranties or obligations under these Terms of Service or any third party infringement claims related to the User-Generated Content. IF YOUR USER-GENERATED CONTENT IS FOUND TO BE IN VIOLATION OF ANY REPRESENTATION, WARRANTY OR OTHER TERM CONTAINED IN THESE TERMS OF SERVICE, YOU HEREBY CONSENT THAT WE MAY IMMEDIATELY EDIT, DELETE AND/OR REMOVE SUCH USER-GENERATED CONTENT AND/OR TERMINATE OR SUSPEND ANY OR ALL OF YOUR ACCOUNTS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT INVESTED.IN IS NOT REQUIRED TO PROVIDE YOU WITH NOTICE BEFORE EDITING, DELETING OR REMOVING YOUR USER-GENERATED CONTENT OR TERMINATING OR SUSPENDING YOUR ACCOUNTS OR SERVICE(S), BUT IT MAY CHOOSE TO DO SO.
With respect to any User-Generated Content, you hereby grant to Invested.in the irrevocable, sublicensable, transferable, worldwide, free, fully paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the User-Generated Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, or to incorporate the same in other works in any form, media, or technology now known or later developed, for all purposes, including, without limitation, news, advertising, promotional marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the User-Generated Content.
Invested.in representatives shall have the right to monitor Content, including the User-Generated Content, on the Websites or Services. But we cannot monitor or prescreen all of the Content, including the User-Generated Content, on the Websites and Services, and we shall not be responsible for and shall not consistently attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Service, you can report it to us by contacting us at email@example.com. We will make good faith efforts to investigate allegations that the User-Generated Content or other Content violates these Terms of Service but we (a) make no warranty to you that we will edit, remove, or continue to permit the display of any specific Content, including the User-Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User-Generated Content whatsoever. Invested.in does not endorse, approve, or prescreen any Content and/or User-Generated Content that you or other third parties communicate on the Websites or Services. Invested.in does not assume any responsibility or liability for Content, including the User-Generated Content, that is generated by users of the Websites or Services. You bear the entire risk of the completeness, accuracy or usefulness of Content, including the User-Generated Content, found on the Websites. Invested.in does not control the quality, accuracy or content of any translated versions of the Websites or Services.
Invested.in and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Website or Service. Without limiting the foregoing, Invested.in and its designees shall have the right in their sole discretion to remove any Content that is in violation of the provisions hereof or otherwise objectionable or, in Invested.in’s reasonable business judgment, should be removed by Invested.in.
From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to the Websites and Services (“Feedback”). All Feedback is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that Invested.in shall have the right to and may use built-in tracking features to obtain information regarding your use of the Websites and Services, and agree that such information is deemed to be Content for all purposes under these Terms of Service.
Submissions, Ideas and Artwork and Photographs
Invested.in is pleased to hear from its customers and welcomes your comments regarding the Websites and Services. Unfortunately, however, Invested.in’s policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Invested.in’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as original artwork. While we do value your feedback on the Websites, Services and products, we request that you be specific in your comments on the Websites, Services or products, and not submit any creative ideas, suggestions or materials.
Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so (“Submissions”) shall be deemed unconditionally and irrevocably licensed by you to Invested.in from the moment of submission and/or delivery to Invested.in. By sending the Submissions to Invested.in, you grant a non-exclusive, royalty-free license to Invested.in for all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe. You agree that Invested.in shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission. You also give up any claim that any use by Invested.in or its licensee or licensors of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, or rights to credit for the material or ideas set forth therein. If you provide any Submission, you warrant, represent and promise that you are eighteen (18) years of age or older.
If you upload any photograph to or through any Website feature, you (a) grant to Invested.in the non-exclusive, worldwide right to use, post, publish and display your photograph on any Website, without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (c) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (e) promise that you are 18 years of age or older. You understand that, once your photograph is posted, anyone can download or distribute that photograph. You expressly waive any and all claims you may have against Invested.in and release Invested.in from any and all liability arising from or related to the submission and Invested.in’s or any third party’s use of the photograph.
Restrictions and Conditions of Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer your Account or other materials appearing in or generated by the Services, information, products or services obtained from the Services, without the express written consent of Invested.in and except as expressly allowed with respect to the User-Generated Content. You hereby acknowledge and agree that you have no proprietary interest in any Account (excluding User-Generated Content and Submissions). The Services are for your personal use. You may not use the Services to engage in any unauthorized commercial or non-profit activity whatsoever. You may not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called “multiplexing” or “pooling” software or hardware).
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, disrupt, or impair any Invested.in server, or the network(s) or server(s) connected to any Invested.in server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Invested.in server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Only Invested.in has the right to host the Services. You may not host or provide any matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by Invested.in regardless of method.
The Services may contain e-mail services, bulletin board services, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Invested.in has no obligation to monitor the Communication Services. However, Invested.in reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Invested.in reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Invested.in, and such communications shall not be considered reviewed, screened or approved by Invested.in. Statements made in forums, bulletin boards, chats and other Communication Services reflect only the views of their authors. Invested.in specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators and hosts of such Communications Services are not authorized Invested.in spokespersons, and their views do not necessarily reflect those of Invested.in.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE COMMUNICATIONS SERVICES. Invested.in is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Invested.in reserves the right at all times to disclose any Content found on the Communications Services as Invested.in deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Invested.in’s sole discretion.
Code of Conduct
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Websites or Services in order to:
- Use the Services for fraudulent transactions or other commercial transactions prohibited by these Terms of Service.
- Make false or misleading statements or omit to state a material fact necessary to make any statement not false or misleading.
- Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
- Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computer;
- Except as expressly authorized by Invested.in, advertise or offer to sell or buy any goods or services for any purpose or otherwise post or transmit any advertisements, promotional materials or any other form of solicitation, unless the Services specifically allow such messages;
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content;
- Restrict or inhibit any other user from using and enjoying the Services;
- Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
- Impersonate or create a false identity (such as a celebrity or Invested.in representative) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof;
- Attempt to get a password, other Account information, or other private information from a member or any other user of such Services;
- Improperly use Service support or make false reports to Invested.in administrators;
- Use the Websites or Services to resell or make any commercial use of the Websites or Services, or otherwise commercially exploit the same, without the prior express written consent of Invested.in; or
You agree to immediately inform Invested.in’s Customer Service personnel when you discover any exploit or other unintended advantage in using the Services.
The Websites and Services contain copyrighted material, trademarks and other proprietary information (including, without limitation, any user accounts, titles, computer codes, themes, characters, objects, catch phrases, locations, concepts, artworks, musical compositions, sounds, audio-visual special effects, operation processes, any related documentations, chat transcripts, character profile information, audio-visual works, software, technology incorporated into the Services, server software, and any other Service-related data sent and received by your computer). The entire contents of the Websites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. Invested.in (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Invested.in or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the Websites and Services, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content.
Invested.in respects the intellectual property of others and expects users of the Websites and Services to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you know of or suspect that any use of the Website or Services constitutes copyright infringement, please send a notice to Invested.in at: Attn: firstname.lastname@example.org. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and e-mail address); (e) a statement that you have a “good faith belief” that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf.
Jurisdictional Issues and Export Control Laws
The Services are controlled and operated by Invested.in from its offices within the State of California. Invested.in makes no representation that the materials available through the Services are appropriate or available for use in other locations. Those who choose to access the Websites or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Websites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. No Content may be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination of Account
Invested.in has the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Invested.in. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Websites or any change in such Content; (3) your ability to access or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Website. Invested.in reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it. If your Account is terminated or suspended by Invested.in, Invested.in shall have the right to terminate or suspend any of your other Account(s). All rights of Invested.in and its agents shall survive any termination of these Terms of Service, including, without limitation, ownership, limitation of liability, indemnification, warranty disclaimer, and all rights remedies.
In the event that you breach these Terms of Service, you hereby agree that Invested.in is entitled, without bond or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as Invested.in and its agents may otherwise have available to them under applicable laws.
Invested.in shall not be liable for any delay or failure to perform resulting from causes outside its control. Invested.in’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Service.
Links to Third-Party Sites
THE LINKS APPEARING IN CERTAIN SITES WILL LET YOU LEAVE THE SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INVESTED.IN AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. INVESTED.IN IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. INVESTED.IN IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. INVESTED.IN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INVESTED.IN OF THE LINKED SITES. INVESTED.IN MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
Disclaimer of Warranty; Limitation of Liability
PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE WEBSITES, SERVICES OR CONTENT.
To the maximum extent allowed by law, neither Invested.in nor its parent, affiliates, subsidiaries, licensors, distributors, sublicensees, and their respective officers, directors, stockholders, employees, agents or subcontractors (collectively, the “Invested.in Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Websites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITES, SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITES, SERVICES AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. INVESTED.IN PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT INVESTED.IN WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE INVESTED.IN PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE INVESTED.IN PARTIES, OR BY YOUR OR ANY OTHER USER’S ERRORS OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE INVESTED.IN PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE WEBSITES OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INVESTED.IN IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE INVESTED.IN PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO INVESTED.IN OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE INVESTED.IN PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, SERVICES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH INVESTED.IN. 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, THE LIABILITY OF INVESTED.IN AND THE INVESTED.IN PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. INVESTED.IN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE INVESTED.IN PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE SITES OR SERVICES FOR ANY PURPOSE.
THE CONTENT PUBLISHED ON THE WEBSITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INVESTED.IN PARTIES MAY MAKE IMPROVEMENTS OR CHANGES IN THE WEBSITES, SERVICE(S) OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
To expedite resolution and control the cost of any dispute, controversy or claim (the “Dispute”) related to these Terms of Service or the use of the Services, you and Invested.in (the “parties”) agree to negotiate informally in good faith to resolve any Dispute as soon as is reasonably practicable for at least thirty (30) days before initiating any mediation, arbitration or court proceeding. Such informal negotiation shall commence upon written notice from one party to the other. Invested.in will send its notice to your billing address and email you a copy to the email address you have provided to Invested.in. You will send your notice to Invested.in Inc., Attn: email@example.com. The parties shall, without delay, continue to perform their respective obligations under these Terms of Service, which are not affected by the dispute.
In the event that the parties cannot by exercise of good faith resolve a Dispute through informal negotiations, the parties may elect to submit the Dispute to mediation. The parties shall, without delay, continue to perform their respective obligations under these Terms of Service, which are not affected by the dispute. The party requesting relief shall give to the other party written notice of its decision to do so, including a description of the issues subject to the Dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the Dispute within sixty (60) days after such notice. If those designated representatives cannot resolve the Dispute, the parties shall meet at a mutually agreeable location and describe the Dispute and their respective proposals for resolution to responsible executives or authorized representatives of the disputing parties, who shall act in good faith to resolve the Dispute. If the Dispute is not resolved within forty-five (45) days after such meeting, the parties may elect to submit the Dispute to binding non-appearance-based arbitration in accordance with Section 16(c) in these Terms of Service.
For any Dispute arising out of or relating to these Terms of Service or the use of the Services that the parties cannot resolve through informal negotiations or mediation, either party may elect to resolve the Dispute in a cost-effective manner through binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If you would like more information about the Commercial Arbitration Rules of the American Arbitration Association, please click here http://www.adr.org/sp.asp?id=22440. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the Dispute shall be made available to the other party for review and copying no later than sixty (60) days after the notice of arbitration is served.
THE ARBITRATOR(S) SHALL NOT HAVE THE AUTHORITY, POWER, OR RIGHT TO ALTER, CHANGE, AMEND, MODIFY, ADD, OR SUBTRACT FROM ANY PROVISION OF THESE TERMS OF SERVICE OR TO AWARD PUNITIVE DAMAGES. THE ARBITRATOR SHALL HAVE THE POWER TO ISSUE MANDATORY ORDERS AND RESTRAINING ORDERS IN CONNECTION WITH THE ARBITRATION. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION. DURING THE CONTINUANCE OF ANY ARBITRATION PROCEEDING, THE PARTIES SHALL CONTINUE TO PERFORM THEIR RESPECTIVE OBLIGATIONS UNDER THESE TERMS OF SERVICE, WHICH ARE NOT AFFECTED BY THE DISPUTE.
Governing Law and Forum for Disputes
THESE TERMS OF SERVICE ARE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, U.S.A. EXCEPT AS PROVIDED IN SECTIONS 18(B) AND (C) ABOVE, THE PARTIES HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL COURTS SITTING IN VENTURA COUNTY, CALIFORNIA, U.S.A. UNLESS NO FEDERAL SUBJECT MATTER JURISDICTION EXISTS, IN WHICH CASE THE PARTIES CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS SITTING IN VENTURA COUNTY, CALIFORNIA, U.S.A. IN ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OF THE SERVICES. If you are accessing the Websites or Services from outside of the United States, then certain provisions of local laws may be required to apply, and in such an event such laws shall affect these Terms of Service only to the extent required by such jurisdiction and these Terms of Service shall be interpreted to give maximum effect to the terms and conditions hereof. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Invested.in as a result of these Terms of Service or use of the Websites, Services or Content.
Exceptions to Informal Negotiations, Mediation and Arbitration
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations, mediation and arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Invested.in’s intellectual property rights; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for injunctive relief.
Improperly Filed Claims
Except as set forth in Section 16(e) above, all Disputes with Invested.in shall be resolved in accordance with this Section 16. Any claim or controversy at law or in equity that arises from or relates to these Terms of Service or the use of the Service filed or brought contrary to this Section 16 shall be considered improperly filed. Should you file a claim contrary to this Section 16, Invested.in may recover attorneys’ fees and costs up to one thousand U.S. Dollars (US$1,000), provided that Invested.in has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of these Terms of Service.
The parties hereto have requested that these Terms of Service, and all correspondence and all documentation relating to these Terms of Service, be written in the English language.
Reservation of Rights
Invested.in may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the Websites. Except as expressly provided in these Terms of Service, the availability of the Services and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein or the documents incorporated by reference are reserved by Invested.in (or its licensors).
Copyright and Trademark Notices
All content, design and layout of the Websites: Copyright ©2010 Invested.in Inc. All rights reserved.
Invested.in, its logos and all character names and likenesses are registered trademarks or trademarks of Invested.in in the U.S. or other countries. All trademarks or tradenames are the property of their respective owners. Statements herein concerning future events and developments and Invested.in’s expectations, beliefs, plans and estimates constitute forward-looking information that involves risks and uncertainties. Invested.in’s actual results could differ materially from those indicated forward-looking information.
Terms Of Service