TERMS OF USE

  • INTRODUCTION

These Terms of Use (“Terms of Use”) govern your (“your” or “you”) access to and use of Company’s website (“Website”), and any other online and mobile services owned, hosted, controlled, or offered by Company (collectively, the “Services”). The Services are owned, hosted, operated, and controlled by Investa Garden, LLC (“Company”, “we”, “us”, or “our”). 

Please read these Terms of Use carefully before you start to use the Services. Your use of the Services and/or your acceptance of the Terms of Use when such option is made available to you shall signify your agreement to (1) these Terms of Use, and (2) Company’s Privacy Policy. YOUR USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES. Company may, at any time, for any reason, and without notice, make changes to these Terms of Use. Therefore, each time you access the Services, you need to review the Terms of Use. By your continuing use of the Services after changes are posted, you will be deemed to have accepted such changes.

The Services are offered and available to users who are 18 years of age or older. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and agree to be bound by our Privacy Policy.

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with such Privacy Policy.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS MORE FULLY DETAILED BELOW, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY LAWSUIT.

Nothing in this Terms of Use shall be deemed to confer any third-party rights or benefits.

  1. CHANGES TO THE SERVICES AND CONTENT; DISCONTINUATION

Company may, at any time, for any reason, and without notice, make changes to (i) the Services, including the look, feel, format, features, and content, as well as (ii) the services as described in the Services. Any modifications will take effect at the time of the changes. We may also update the content on the Services from time to time, and such content may not be necessarily complete or up to date. Any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time, for any period, or are discontinued.

  • INTELLECTUAL PROPERTY; LIMITATIONS ON USE

The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other laws. Unless otherwise indicated, the Services and their entire contents, including but not limited to (a) information, software, text, displays, graphic images, buttons, layout, images, video, and audio, (b) the design, selection, features, functionality, and arrangement thereof, (c) trademarks, service marks, and logos, and (d) all other materials and content contained in the Services, are the exclusive property of Company or its third-party licensors. 

You may not:

  1. use, reproduce, modify, transmit, distribute, publicly display or perform, create derivative works of, republish, download, store, or transmit any of the material on our Services, or operate the Services or a portion thereof;
  2. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services;
  3. modify copies of any materials from the Services;
  4. use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
  5. delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

For the avoidance of doubt, the commercial use, reproduction, transmission, or distribution of any information, software, content, or other material available through the Services without the prior written consent of Company is strictly prohibited. 

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  1. ACCESSING THE SERVICES; ACCOUNT SECURITY  

You are responsible for:

  1. Making all technological arrangements necessary for you to have access to the Services.
  2. Ensuring that all persons who access the Services through your internet connection or mobile device are aware of these Terms of Use and comply with them.

To access the Services or any of the resources it offers, you may be asked to provide certain personal details or other information in order to register for the Services. It is a condition of your use of the Services that all the required information you provide is correct, current, and complete. You agree that all the information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. TERMINATION

Company may suspend or terminate the right of any user to access all or any part of the Services at any time, with or without cause, for any or no reason, including without limitation any violation of these Terms of Use, in Company’s absolute discretion and without notice. Any statement in the Terms of Use or elsewhere of specific grounds for termination of a user’s right to access the Services shall in no manner limit Company’s absolute right to terminate any user’s access to the Services. 

  1. FEEDBACK

If you provide Company any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. 

  1. RELIANCE ON INFORMATION POSTED  

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

  1. LINKS

You may not link to the Services without Company’s written permission.

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company makes no representation regarding the content or accuracy of any website that you may access through the Services. We do not monitor and are not responsible for the content found on other websites that are linked from the Services. Inclusion of these links on the Services does not imply endorsement, recommendation, or sponsorship for any linked website or the services, products, or advice described on such websites. Accordingly, Company assumes no responsibility or liability for the content of any linked sites. Before entering any linked site, you should review and understand that site’s privacy policy.

  1. DISCLAIMER OF WARRANTIES  

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, AND ANY SERVICES, CONTENT, OR MATERIALS OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES, AND ANY SERVICES, CONTENT, OR MATERIALS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, WEBSITE, OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, OR THE CONTENT OR MATERIALS OBTAINED THROUGH THE SERVICES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION ON LIABILITY  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY AND ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE IN CONNECTION WITH ERRORS OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES OR THE CONTENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

  1. INDEMNIFICATION  

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including but not limited to any use of the Services’ content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

  1. GOVERNING LAW; DISPUTE RESOLUTION; JURISDICTION  

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Company confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Service or the Services shall be settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Lake County, IL, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be, in the courts located in Lake County, IL. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein. Any action or proceeding by either of the Parties to enforce an arbitrator’s decision shall be brought in any state or federal court located in Lake County, IL.

  1. GENERAL PROVISIONS

Waiver; Severability  

No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Successors and Assigns

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

English Language Controls

These Terms of Use are constructed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. 

  1. ENTIRE AGREEMENT

These Terms of Use constitute the sole and entire agreement between you and Company relating to the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

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