TERMS OF USE
Posting Date: October 27, 2023
Welcome to Indivizio.com, owned and operated by Pathway Ventures, LLC d/b/a Indivizio (“Company” “we,” “us,” or “our”). This Agreement describes the terms and conditions which govern your use of our website only. The products and services provided by us (collectively, “Service”), is governed by and through a written agreement between us and our clients, service providers and contractors. This Agreement contains an agreement to arbitrate all claims, restrict class action participation and disclaimers of warranties and liability.
- LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND THE POSTED PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION SET OUT ON OUR WEBSITE. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION INCLUDING, WITHOUT LIMITATION, YOUR ABILITY TO VISIT, USE OR SUBMIT INFORMATION TO ACQUIRE OUR SERVICES.
- SERVICES.
We provide data related services throughout the United States. To access our services, you are required to register with our company, undergo a vetting process and if approved, you will be provided a formal agreement to access our services and that agreement will govern our relationship with you. These Terms of Use are solely for your access to our corporate website.
- CHANGES TO WEBSITE, TERMS AND POLICIES.
We reserve the right to change any information, feature or functions of our Services and Website without prior notice. We may deny you access to Services for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, any Agreement you have with us or our legal rights or the legal rights of any third-party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system.
We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Use posted at the time you register on our Website will govern our relationship for that registration and referral request.
- PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our website, any linked website, or our Services. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You are prohibited from providing false or inaccurate information to us either during the registration or vetting process or customer service inquiries.
You are prohibited from using any data, content, and any information provided or used on our Website, as well as your use of our website, Service which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate our website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on our website, use any information you may obtain from our website including without limitation, user information to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
- INTELLECTUAL PROPERTY RIGHTS.
Our website contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Website and all materials on or available through our website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize our website for other than its intended purposes is strictly prohibited. Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
- DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our website or the products or services provided on or through our website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or its Content.
THIS WEBSITE CONTENT IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
- LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY: (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- INDEMNITY.
You agree to defend, indemnify and hold us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use our Website and or Website Content, any information provided to you by our website, or any violation of this Agreement by you.
- DISPUTE RESOLUTION AND PROHIBITION OF CLASS ACTION REPRESENTATION.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
(i) Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
(ii) Changes to the Agreement to Arbitrate.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the changes and/or by email.
- GOVERNING LAW.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the state and county of the defending party for all disputes arising out of or related to the use of our Website.
- WAIVER AND SEVERABILITY OF TERMS.
The failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect with the exception of “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and us and governs your use of the Website and Service, superseding any prior agreements.
- ELECTRONIC COMMUNICATIONS.
When you visit our website, use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
