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Privacy Policy

Welcome!

Welcome to Invictus Reviews LLC. We are confident that you will enjoy and appreciate using our “Services”, which allow you to access various audio, video or text materials (collectively “Invictus Reviews LLC Content”) on our website at www.invictusreviews.org or any subdomain thereof (the “Website”) or through our iOS or Android “Applications”. We want you to know we take your privacy and protection of Personal Information very seriously. We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what Personal Information we collect from you and about you, and what we do with your Personal Information, all while you use the Services or otherwise interact with us and the Invictus Reviews LLC Content. The Policy also explains your rights under the law, the necessary authorities to enforce those rights, and how you can contact us with any questions or concerns. We ask that you please read this Policy carefully.

Key Elements of this Policy

Below are the key elements of this Policy so you can understand the most important parts right away to make an informed decision about your consent for our collection, use, and disclosure of your Personal Information. You can find the details in the rest of the Policy.

Personal Information we collect from you, but only with your consent	What we do with it	Third parties we share it with
Contact Information	Communicate with you and manage our relationship	Companies that provide our communications services, such as MailChimp
Account Information	Manage your account, and enable logging in to the Services	Companies that provide the infrastructure for the Services, such as silverorange
Billing Information	Process your payments for your purchase of Subscriptions to the Services	Payment processors, such as Braintree and Stripe

Some Terms

Before we get started with the details, below are a few terms we think you should understand as you read this Policy.

“Data Protection Laws” refers to the laws that are designed to protect your Personal Information and privacy in the place where you live. These include: (1) the California Consumer Privacy Act (“CCPA”) which applies to our activities in the United States; (2) the “GDPR”, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; and (3) the “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR as applicable. Invictus Reviews LLC is committed to adhering to these and any other applicable Data Protection laws.

“Personal Information” is information we collect from you or about you, and which is defined in the CCPA as “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” The similar concept in the GDPR is “personal data”, defined as “any information relating to an identified or identifiable natural person.” In either case, it can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Any mention of “Personal Information” in this Policy shall also mean personal data as defined in the GDPR.

Other terms and definitions used in this Policy may be found in our Terms of Use, and will have the same meaning in this Policy as they do there.

About Us and Contacting Us

Invictus Reviews LLC, Inc. (“Invictus Reviews LLC”) is a duly-incorporated company in the State of California, USA, at the address listed below. Where this Policy refers to “Invictus Reviews LLC”, it may refer to Invictus Reviews LLC, Inc. and / or its shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns — depending on the context.

Under the CCPA, Invictus Reviews LLC is a “business”. Under the GDPR, Invictus Reviews LLC is a “data controller”. That means we collect Personal Information directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your Personal Information; it is used in this Policy in that way. The CCPA defines processing as “any operation or set of operations that are performed on Personal Information or on sets of Personal Information, whether or not by automated means”; any use of processing in this Policy would also meet such definition.

If you want to ask us anything about what’s in this Policy, or anything else privacy- or data-related, or exercise any of your available privacy rights, you can email:

Invictus Reviews LLC Privacy Officer
[email protected]

Here is the mailing address for you as well:

Invictus Reviews LLC Privacy Officer
1812 W. Burbank Blvd., #356
Burbank, CA 91506
USA

Your Rights

You have the following rights regarding your Personal Information held by Invictus Reviews LLC, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting the price you pay for any of the Services. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the Services.

The right to withdraw at any time your consent for Invictus Reviews LLC to process your Personal Information;
The right to have your Personal Information erased from Invictus Reviews LLC’s records;
The right to access your Personal Information and any relevant information around its processing and use;
The right to have a copy of your Personal Information given to you in an easy-to-read format so you can transfer it to another business or data processor;
The right to have your Personal Information corrected or updated if you believe it is inaccurate or out of date;
The right to opt out of marketing communications we send you, at any time;
The right to know whether Invictus Reviews LLC sells or shares your Personal Information (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy Officer if you need additional information or clarifications;
The right to demand that Invictus Reviews LLC not sell your Personal Information;
The right to restrict the processing of your Personal Information if it is inaccurate or if our processing or use of it is against the law; and
The right to refuse any marketing or advertising targeted at you by Invictus Reviews LLC.

If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above, or refer to certain relevant sections further in this Policy. Please note that exercising certain of these rights may prevent us from offering the Services to you, and if so you will be entitled to a refund as per the refund policy found in the Terms of Use.

Personal Information Collected from You and What We Use It For

In the table below, please find all the Personal Information we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this Personal Information. Under the CCPA, there is no equivalent concept. However, by submitting this Personal Information you acknowledge having granted to Invictus Reviews LLC your consent to process the Personal Information.

Personal Information category	Personal Information processed	What we use it for (the “purpose” of processing)	Legal basis for processing under the GDPR
Contact information	Your name and email address	To communicate with you	Your consent in giving us this information
Account Information	Your email address, your first and last name, and your profession	To create an account for you, to communicate with you, and to provide you with the Services	Your consent and performance of a contract between you and us
Billing Information	Credit card holder name, credit card number, expiration date, CVV number and billing address	To allow you to pay for your Subscription(s) for use of the Services or for Donations you make to Invictus Reviews LLC’s non-profit organization	Performance of a contract between you and us
Anti-fraud Information	Your telephone number	To prevent fraud during payment processing	Performance of a contract between you and us
Challenge Coin information	Your name, title and email address	To communicate with you about the Challenge Coin nomination	Your consent in giving us this information
Analytics information	An analytics identifier	General analytics, and error and crash reporting in the Application	Necessity for our legitimate business interests

Where you have provided Personal Information further to the contract between you and us, if you fail to provide such data or withdraw your consent to use such data, we will no longer be able to provide certain Services to you.

Personal Information Collected About You from Third Parties and What We Use It For

Sometimes we get Personal Information about you from third parties. This table explains the details about this Personal Information – what it is, where it came from, what we do with it, and the legal basis for us having and processing this Personal Information under the GDPR.

Personal Information category

Personal Information processed

Who we get the data from

What we use it for

(the “purpose” of processing)

Legal basis for processing under the GDPR

Account Information, when a third party purchases a Subscription to the Services for you when purchasing a Group Subscription

Name and email address

The administrator of the Group who bought a Subscription for you

To set up your account and provide you with the Services

Your consent and performance of a contract

Challenge Coin information of the nominee

Name, title and email address of the Challenge Coin nominee

The individual who nominated you for a Challenge Coin

To communicate with you

Your consent

Sensitive Personal Information

We do not collect any of what the GDPR considers sensitive Personal Information from you, unless you voluntarily submit it through a comment form or as User Content, which we encourage you not to do.

Who We Transfer Your Personal Information To

We routinely share some of your Personal Information with certain types of third parties who are identified in the table below, along with what they do with it. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area, please see the “Transfer of Your Personal Information Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your Personal Information when this occurs.

We will share Personal Information with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of Invictus Reviews LLC’s Terms of Use; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Services infrastructure or the Internet in general (such as voluminous spamming or denial of service attacks).

We may also share Personal Information: (1) to a parent company, subsidiaries, joint ventures, or other companies under common control with Invictus Reviews LLC (in which case we will require such entities to honour this Policy); or (2) if Invictus Reviews LLC merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your Personal Information with other third parties except under these circumstances. We do not sell, rent, or lease your Personal Information to any third party for direct marketing purposes, or any other purpose.

Personal Information category	Who we transfer it to	What they do with it
Contact information	Companies that provide email services, such as MailChimp, as detailed more fully in the Email Communications section below	Send you emails
Contact information	Our project management software, Shortcut	Store it so that we may retrieve it to communicate with you about errors in the Services you have experienced
Account Information (including contact information)	Companies providing technical infrastructure for the Services, specifically Amazon AWS, silverorange, and Google Firebase	Control your logging in to the Services so they can be provided to you, and record-keeping
Billing Information (including Anti-Fraud Information)	Payment processing companies, such as Braintree and Stripe	Process your payments for your purchase of Subscriptions or Donations; prevent fraudulent transactions
Analytics identifiers and email addresses	Companies that provide data analytics such as Amplitude and Google Analytics, as more fully detailed in the Limited Automated Gathering of Information section below	Provide us with analytics as to how the Services are used, both on the Website and in the Application, and error and crash reporting in the Application and Services, and to trace fraudulent activities

How We Protect Your Personal Information

We have implemented very strict technical and organizational procedures for ensuring that, by default, only Personal Information which is necessary for each specific purpose of the processing is processed by us. These procedures prevent your Personal Information from being lost, or used or accessed in any unauthorized way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws require us to do so, and within the time frame required by the applicable Data Protection Law.

Invictus Reviews LLC uses only industry-best practices (physical, electronic, and procedural) in keeping any data collected (including Personal Information) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services. These third parties have been selected specifically for their high standards of security, both electronic and physical. All backups of Personal Information are stored at are encrypted.

Finally, all information, including Personal Information, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for Internet data transfer and transactions. You can use your browser to check Invictus Reviews LLC’s valid SSL security certificate.

Tracking Technology (“Cookies” and Related Technologies)

Invictus Reviews LLC uses tracking technology (“cookies” and related technology such as tags, pixels, and web beacons) on the Website and in the Services. By interacting with the Services you agree to their use. Cookies are small text files placed on your computer or device when you visit a website or use an online service, in order to track use of the site or service and to improve the user experience by storing certain data on your computer or device.

Specifically, we use cookies and related technologies for the following functions:

To enable your signing-in to the Services and keeping you signed in;
To facilitate payment processing for your Subscription(s) to the Services or Donations and to keep track of your status during the payment process;
To provide general internal and user analytics on the Website and in the Application and to conduct research to improve the content of the Services using analytics programs listed below in this Policy; and
To assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s help section for instructions, but below are instructions for the most commonly-used browsers and operating systems:

Please note that deleting or blocking certain cookies may reduce your user experience by requiring you to re-enter certain information, including information required to use our Services. Furthermore, deleting certain cookies may prevent certain functions, or the entirety of the Services, from working at all.

Email Communications and Compliance with Anti-Spam Laws

Invictus Reviews LLC uses MailChimp to manage our mailing list and to send out our newsletter, and Mandrill (a MailChimp add-on) to send out emails related to various Services functions (MailChimp and Mandrill, collectively the “Email Service Providers”). Personal Information is transferred to the Email Service Providers in order to manage the mailing list and for the emails to be sent properly. Your Contact Information is only used to send out emails; the Email Service Providers do not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party. For more information, please refer to MailChimp’s Privacy Policy.

You may unsubscribe from Invictus Reviews LLC’s mailing list at any time, by following the link at the bottom of all Invictus Reviews LLC emails. Other types of emails, such as transactional, relational, and other emails related to the Services will not have an opt-out option as they are necessary for the use of the Services.

Invictus Reviews LLC’s practices in regards to its email are designed to be compliant with anti-spam laws, specifically the CAN-SPAM Act of 2003. If you believe you have received email in violation of any anti-spam law, please contact us using the contact information further up in this Policy.

Limited Automated Gathering of Information for Statistical, Analytical and Security Purposes

Invictus Reviews LLC may automatically collect certain information using the "Third-party Analytics Programs: Google Analytics and Amplitude, to help us understand how our users use the Website and Applications. For example, each time you visit the Website, we may automatically collect your IP address, browser and computer or Device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and Services users in the aggregate. Invictus Reviews LLC also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, specific actions on a Website page, and users generally with a view to introducing improvements to the Website, Applications, and Services.

Invictus Reviews LLC also makes use of Sentry on the Website for error reporting, and if you are logged into the Services on the Website your email address will be collected and associated with the error, so we can correct it and communicate with you about it.

Invictus Reviews LLC also uses Google Firebase, Google Firebase Crashlytics, and Microsoft App Center (the “App Analytics Programs”) to track users of the Application, how they use the Services, to improve the Services, and to diagnose technical problems. The App Analytics Programs use cookies and other technologies to collect data on users’ behavior and their Devices; in particular your Device's IP address (captured and stored only in anonymized form), Device screen size, Device type (unique Device identifiers), browser information, geographic location, and other non-identifiable information. The App Analytics Programs store this information in a pseudonymized user profile. Neither the App Analytics Programs nor Invictus Reviews LLC will ever use this information to identify individual users or to match it with further data on an individual user.

Your IP address and other relevant information we collect using the Third-Party Analytics Programs or the App Analytics Programs may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

How the Application Accesses Your Device (“Permissions”)

The following is a complete listing and description of what functions on your Device that were developed by third parties are accessed and/or modified by the Application. Unless otherwise specified, these permissions apply to both the iOS Application and the Android Application. Where noted, these will function with explicit user permission only. You acknowledge that denying explicit permission may affect or reduce your user experience with the Services offered through the Application.

Notifications - The Application may send you notifications to alert you about new Invictus Reviews LLC Content (user permission only);
Network services access – The Application will access your wi-fi or cellular services to display your network connection and exchange data with servers controlled by Invictus Reviews LLC. This allows retrieval and sending of information from and to the internet in general, which is required to use the Services;
Read and write Device storage – The Application may read and write to your Device’s storage in order to save and access Invictus Reviews LLC Content (user permission only).

Using Your Device’s Settings and Uninstall for the Application

For the Application, you can access and change certain user settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS or Android version. Invictus Reviews LLC has no control over these functions and denies any responsibility for your use thereof, and any data or Personal Information sent to third parties as a result of said activities.

Transfer of Your Personal Information Outside of the European Economic Area (EEA) and the U.K.

For our European users, we endeavour to keep your Personal Information inside the EEA or the U.K. (as applicable). However, certain of our data processors (and Invictus Reviews LLC) are in other countries where your Personal Information may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

The United States. Your Personal Information is only transferred to companies in the United States that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have signed the Standard Contractual Clauses for the transfer of personal data outside the EEA and the U.K.
Canada. Canada has been determined to have an “adequate level of protection” for your Personal Information under European data protection law.

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA. Please contact our Privacy Officer to make that request. Please note that making this request may prevent you from being able to use a portion or all of the Services.

Supervisory Authorities and Complaints

If you are in the EEA or the U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy Officer, or if you would like to make a complaint directly about Invictus Reviews LLC’s data practises, we invite you to contact the supervisory authority in your country. For example, if you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l'Informatique et des Libertés who is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

Data Retention

Your Personal Information will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Account Information for as long as you have an account with us.

Automated Decision-Making

Invictus Reviews LLC does not use any automated decision-making processes in providing the Services.

Children’s Privacy Statement

The Services are not intended for children under the age of 16. We do not knowingly collect any Personal Information from a child under 16. If we become aware that we have inadvertently received Personal Information from a person under the age of 16 through the Services, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. We will endeavor to update the Policy at least once every 12 months and more frequently as needed. You can always find the most updated version of the Policy at this URL.

TERMS OF USE

1. Introduction and Definitions

Welcome to the Invictus Reviews LLC Website and Services. We are confident that you will find our Services useful. These Terms of Use (the “TOU”) cover several different situations, so please refer to the following definitions for clarification:

“Application” refers to any of the free apps for iOS or Android created and owned by Invictus Reviews LLC, which allow you to access certain Services. Application also includes any Application updates and upgrades that Invictus Reviews LLC may provide to you or make available, or that you obtain after the date you obtain the initial copy of the Application, to the extent that such items are not accompanied by a separate TOU or similar document. The Application may be specified as either “iOS Application” or “Android Application”, for use with respect to the Application’s operating system environment.

“Device” refers to the handheld or tablet device onto which you have downloaded the Application through which you may be accessing and using the Services.

“Invictus Reviews LLC” refers to Invictus Reviews LLC, Inc., a duly incorporated company in Burbank, California at the address listed below. Where the present TOU refer to “Invictus Reviews LLC”, they may refer to Invictus Reviews LLC Inc. or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU refers to Invictus Reviews LLC, Inc. In these TOU, a Website visitor or Services user may be referred to as “you”. When a user has created an account and is logged in, they may be referred to as a “Logged-in User”.

“Invictus Reviews LLC Content” refers collectively to all the various audio, video or text materials that are available through the Services, either on the Website or through the Application.

“Services” refers to the software services that Invictus Reviews LLC has developed or licensed that allow you to access the Invictus Reviews LLC Content, and various related functionalities.

“Website” is the website located at https://www.invictusreviews.org which is owned and operated by Invictus Reviews LLC, and includes all subdomains and subpages, present and future.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. The definitions found in these TOU shall also apply to our Privacy Policy.

2. Acceptance and Modifications

By visiting the Website, or downloading, using or accessing the Application on your Device, or by registering for an account to use the Services you hereby accept to be bound by these TOU without any reservations, modifications, additions, or deletions. You may also have explicitly accepted the TOU and Privacy Policy during your registration for an account. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services. If you have downloaded the Application and do not agree to all the provisions of the TOU, you must delete the Application from your Device. The TOU are a legal and binding agreement between you and us.

THESE TOU CONTAIN A WAIVER OF JURY TRIAL AND A WAIVER OF CLASS ACTION THAT MAY DIMINISH OR AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE WAIVERS, AS FOUND IN SECTION 18, CAREFULLY.

In the context of the Application, these TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.

Invictus Reviews LLC reserves the right, at any time and without prior notice, to modify or replace any of these TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website or Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect our relationship with you, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, by posting a prominent notice when you log in to your account for the first time following those changes, or by posting a prominent notice in the Application and / or on the Website.

These TOU should be read in conjunction with the Privacy Policy, as both of these documents govern your use of the Services.

3. Contacting Us

If you have any questions about these TOU please contact:

Invictus Reviews LLC Legal Services

[email protected]

or:

Invictus Reviews LLC Legal Services

1812 W. Burbank Blvd., #356

Burbank, CA 91506

USA

If you have any questions about our Services or your account, please contact toll free email: [email protected].

4. General Code of Conduct for Use of the Website and Services

In addition to the more specific use requirements and prohibitions found elsewhere in these TOU, by visiting the Website, using the Services or downloading and using the Application, you agree to:

Not use the Website or Services in any manner that in any way violates these TOU or any other applicable policy posted by Invictus Reviews LLC;
Not use the Website or Services in any manner that violates any intellectual property rights of Invictus Reviews LLC or any third party;

iii. Not use the Website or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

Not use the Website or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Invictus Reviews LLC or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether personal information or not) of Invictus Reviews LLC, other Services users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by Invictus Reviews LLC in its sole discretion) an unreasonable or disproportionately large load on Invictus Reviews LLC’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or Services or any activities conducted through the Services; (3) bypass any measures Invictus Reviews LLC may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Services; or (5) harvest or scrape any content from the Website or Services in an unreasonable manner;
Not use the Website or Services to in any way collect information (whether personal or not) of any third party or in violation of Invictus Reviews LLC’s Privacy Policy;

vii. Not interfere with any third party’s use or enjoyment of the Website or Services;

viii. Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;

Not attempt to do any of the foregoing prohibitions;
Use the Website and Services in good faith, and in compliance with all applicable local, state, national, and international laws, and in compliance with your obligations under these TOU.

5. Use of the Application

The Application is licensed, not sold. Invictus Reviews LLC grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application. The iOS App Store or Google Play may be referred to in these TOU as a “Third-Party Application Distributor”.
You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
You agree that you are solely responsible for (and that Invictus Reviews LLC has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which Invictus Reviews LLC may suffer) of any such breach. Where a third party uses the Application on your Device with your permission, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility. Where a third party gains control of your Device without your permission, we strongly suggest taking action (especially a remote wipe or other procedure to lock out your Device) as Invictus Reviews LLC cannot be held responsible for any misuse of, or damage to, your Device (whether in relation to the Application or not) in such circumstances.

6. Privacy Policy and Permissions for the Application

Our Privacy Policy explains how Invictus Reviews LLC treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use the Website or Application. By installing, accessing or using the Application or using the Website you explicitly agree to the use of your information in accordance with the Privacy Policy, which may be updated from time to time and without notice.
By installing, accessing or using the Application or using the Website or Services, you consent to those information collection and usage terms as described in the Policy.
In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of your Device that are not part of the Application which are developed by third parties. These are known as “permissions”, and you agree that Invictus Reviews LLC has the right to access the computer code on your Device in this manner and as described in the Privacy Policy.

7. Accessing and Downloading the iOS Application from the Apple iTunes Store, and Related Acknowledgements

You acknowledge and agree that (i) these TOU are concluded between you and Invictus Reviews LLC only, and not Apple, and (ii) Invictus Reviews LLC, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions, which you are responsible to review from time to time.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
Apple will have no warranty obligation whatsoever with respect to the iOS Application. As between Invictus Reviews LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Invictus Reviews LLC, or as further specified and limited hereinafter.
You and Invictus Reviews LLC acknowledge that, as between Invictus Reviews LLC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS Application or your possession and use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Invictus Reviews LLC acknowledge that, in the event of any third-party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Invictus Reviews LLC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 5 above and elsewhere in this TOU.
You and Invictus Reviews LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOU as related to your license of the iOS Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the iOS Application against you as a third-party beneficiary thereof.
You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Invictus Reviews LLC and its Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.

8. Accounts, Passwords and Logged-in Users

Accounts and Passwords

In order to use the Services to access certain Invictus Reviews LLC Content and other features, you are required to create an account. Accounts and are available to anyone who provides the requisite information, subject to these TOU. The information currently required to create an account is the following: your email address, your first and last name, and your profession. This information may change in time, at Invictus Reviews LLC’s discretion, at which point these TOU will be updated. This submitted information may be referred to in these TOU or the Privacy Policy as “Account Information”.

You understand you are responsible for any activity that occurs through your account and agree you will not sell, transfer, license or assign accounts, contacts, username, or any account rights. With the exception of individuals that are expressly authorized to create accounts on behalf of a group, Invictus Reviews LLC prohibits the creation of, and you agree you will not create, an account for anyone other than yourself. You represent and warrant that all information provided or provided to Invictus Reviews LLC upon registration and at all other times will be true, accurate, current, and complete and you agree to update information as necessary to maintain its truth and accuracy.

As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that it cannot easily be discovered by third parties. If you forget your created password, a reset can be requested through your account providing the email used at sign up, and Invictus Reviews LLC will send a reset link, though we may request additional information to verify your identity.

If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Invictus Reviews LLC and / or its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

Trial Accounts

You may choose to access the Services with a trial account by supplying the required Account Information. A trial account provides access only to certain Invictus Reviews LLC Content, which shall be at Invictus Reviews LLC’s sole discretion, and may be modified at any time without notice to you. Trial accounts expire after 31 days, and you may upgrade your account and gain full access to all Invictus Reviews LLC Content by purchasing a Subscription, as described in the next section of these TOU. If you choose to not upgrade, your trial will expire, and your Invictus Reviews LLC Content access will be further restricted.

Account Termination

Invictus Reviews LLC reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU. For more details regarding the legal effects of account termination, please refer to section 13 of these TOU.

9. Description and Use of the Services, Subscriptions, and Payments

The Services

Purchase of a "Subscription" as described further in this section entitles you to full access to all Invictus Reviews LLC Content that is available on or through the Website or Application, and all related functionalities. Please note that not necessarily all Invictus Reviews LLC Content may be available through the Application or through the Website. Users may need to access both the Website and the Application to access all of the Invictus Reviews LLC Content in a Subscription.

Disclaimer Regarding Medical Information

The Services and Invictus Reviews LLC Content are provided solely for your exclusive personal, educational, non-commercial use for educational purposes and should not be relied upon to treat patients or diagnose disease. The Services and Invictus Reviews LLC Content are provided for general medical education purposes only and are not meant to be applied rigidly and followed in all cases. Use of any medical information in a particular situation remains the professional responsibility of the practitioner. Without limiting the generality of the Disclaimer of Warranties further in these TOU, Invictus Reviews LLC and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from your reliance on any Invictus Reviews LLC Content for any medical decision.

Beta Services and Disclaimer

Certain of the Services or other elements available on or through the Website and Application may be designated as “beta” (the “Beta Services”), meaning they are not finalized services or content. Any user or Logged-in User accessing such Beta Services hereby expressly acknowledges and agrees that the Beta Services (including any modifications or improvements thereto) may not be ready for general commercial release and may contain bugs, errors, incorrect information or defects. Accordingly, Invictus Reviews LLC is providing the Beta Services to you “as is”. Invictus Reviews LLC and its Representatives make no representations or warranties or covenants, express or implied, in respect of the Beta Services, including without limitation, statutory or implied warranties or conditions of merchantability, accuracy, non-infringement, satisfactory quality or fitness for a particular purpose, all of which are expressly disclaimed and excluded. Invictus Reviews LLC does not guarantee that the Beta Services will ever be made generally commercially available, or that any generally commercially available release of any Beta Service will contain the same or similar functionalities/features as the Beta Services made available by Invictus Reviews LLC further to this section of the TOU.

The foregoing disclaimer applies to any Beta Service offered through the Website or Application or Services under license to Invictus Reviews LLC.

Subscriptions

By paying the amount indicated on the sign-up page. you are purchasing a Subscription for one calendar year. Your subscription will automatically renew each year on the annual anniversary of the date you signed up for a Subscription. This means your credit card will be automatically charged one year after you initially sign up, and on that same day each subsequent year for as long as you choose to keep your Invictus Reviews LLC Subscription. For example, if you sign up June 30, 2025, your Subscription will automatically renew and your credit card will be charged on June 30, 2026 of the following year and on the same day in 2026 and so on. You may cancel your Subscription at any time in your Account Info settings when you are a Logged-in User. If you cancel your Subscription, you shall be entitled to the refunds as described in the Cancellation and Refunds subsection below.

You may also purchase multiple Subscriptions (“Group Subscriptions”). When purchasing Group Subscriptions, you represent and warrant that you have the authority to purchase Subscriptions on behalf of other individuals.

When you place an order for Subscription(s) through the Services, you are entering into a contract with Invictus Reviews LLC to pay the specified order amount for your Subscription(s).

Billing Information, Payment Processing and Other Charges

In order to make a payment for your Subscription(s) or Donations, you will be required to enter the credit card holder name, location, credit card number, credit card expiry date, card security code (CVV), and billing address. This may be referred to in these TOU or the Privacy Policy as “Billing Information”.

Payments made through the Services, whether for Subscriptions or Donations, are handled through the online payment processor Braintree. Payments for Donations are also processed with Stripe (Braintree and Stripe collectively the “Third-Party Payment Processors”). The Third-Party Payment Processors currently accept certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options, but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processors, they are processed in accordance with their program rules and procedures and Terms of Use. Invictus Reviews LLC and the Third-Party Payment Processors are unaffiliated companies and Invictus Reviews LLC has no influence on the operations of the Third-Party Payment Processors. Invictus Reviews LLC and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Payment Processor.

Where you are using the Services on a Device, you shall be responsible for any data charges incurred from your wireless carrier or other data provider while using the Application.

Pricing and Taxes

Prices of Subscriptions displayed through the Services are firm and in U.S. dollars (USD), which may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, which may be displayed and added during the checkout process, depending on your location.

Cancellation and Refunds of Your Subscription

We are committed to your satisfaction with the Services. If you purchase a Subscription and are dissatisfied for any reason, you may receive a full refund within two months of your purchase. Following the two-month period, if you choose to cancel we will prorate your refund up to the full year of your Subscription period. If you wish to cancel your Subscription, please contact us at [email protected]. Furthermore, if you withdraw consent to use your Personal Information and we are no longer able to provide the Services to you, you will also be entitled to a refund as per this subsection.

10. User Content Policy, and Related Copyright and Intellectual Property Rights

As a Logged-in User, you may use the Services to create, submit, and / or upload certain content including but not limited to comments related to certain Invictus Reviews LLC Content, which shall be deemed “User Content”. By creating, submitting and / or uploading User Content through and to the Services, you agree to be bound by the Invictus Reviews LLC policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text, photographs, or audio or video clips submitted are your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Invictus Reviews LLC to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;
You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Invictus Reviews LLC, you hereby grant Invictus Reviews LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Website and Services and / or Invictus Reviews LLC 's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Website or Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that Invictus Reviews LLC may retain, but not display or distribute, server copies of User Content that have been removed or deleted;

iii. You also hereby waive any moral rights you may have in your User Content and grant other visitors or Users of the Website or Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;

The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise abusive or offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitation, mass mailing, chain mailing or any other form of spam;
You will not misrepresent your affiliation with another person or legal entity, or impersonate another person or legal entity, or give the impression or insinuation your User Content originates from Invictus Reviews LLC;

vii. You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.

Where you are accessing or downloading User Content of a Logged-in User, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Invictus Reviews LLC disclaims any responsibility in this regard.

If you as a Website visitor or Services user believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at [email protected] so that we may conduct an inquiry. Invictus Reviews LLC retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

User Content is not edited, curated or otherwise modified or checked by Invictus Reviews LLC prior to posting. However, Invictus Reviews LLC reserves the right, in its sole discretion, to remove or modify immediately and without notice any User Content that violates the User Content Policy.

Please note that the User Content posted through the Services does not constitute advice or endorsement from Invictus Reviews LLC and is intended for informational purposes only. User Content is created by Logged-in Users and may reflect their views regarding health matters or medical treatment. Any statements, advice, opinions or tips included in User Content are those of the Logged-In User only.

Invictus Reviews LLC, its affiliates and their respective Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, Invictus Reviews LLC assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods, or omissions that may be encountered within any User Content.

11. Proprietary Rights

Intellectual Property Rights

You acknowledge that: (i) the Services, Application and Website contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws, and (ii) Invictus Reviews LLC and/or third parties own all right, title and interest in and to the Services, Application and Website and content (including but not limited to Invictus Reviews LLC Content) that may be presented or accessed through the Application and Website, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Invictus Reviews LLC and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, Application or Services, or content (including but not limited to Invictus Reviews LLC Content) that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in or Services; or (iii) remove, obscure, or alter Invictus Reviews LLC’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website, Application or Services.

The content, arrangement and layout of the Website and Application (excluding User Content as defined in the previous section of these TOU), including but not limited to all Invictus Reviews LLC Content as well as all trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Invictus Reviews LLC, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Invictus Reviews LLC, or as permitted by the functionality of the Services or these TOU, including without limitation the next subsection of these TOU. Any unauthorized use of the content, arrangement or layout of the Website or Application, Invictus Reviews LLC Content, Computer Code, images, logos, videos, audio or trademarks found in the Website or Application or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Invictus Reviews LLC reserves the right to take action accordingly.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, code in markup languages such as HTML or XML, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

Invictus Reviews LLC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to print and download extracts from the Services (including but not limited to Invictus Reviews LLC Content) as permitted by the functionality of the Services for your personal, non-commercial use, subject to the intellectual property conditions of this section, and the following further restrictions:

You agree not to modify digital or hard copies of any material printed or downloaded from the Services in accordance with this section;
You will ensure Invictus Reviews LLC’s distinction as the author and/or owner of material printed or downloaded from the Services is always acknowledged and referenced, if ever presented to a third party;
You may not use any materials (including but not limited to Invictus Reviews LLC Content) on the Services (or the Services itself) for any commercial purposes without first obtaining a license from Invictus Reviews LLC.

Prints and Downloading

Through the Website, Invictus Reviews LLC makes certain photographs and other images available for download (each a “Print”). This subsection of the TOU outlines the rules associated with downloading and using Prints.

Invictus Reviews LLC does not claim any ownership rights or Intellectual Property Rights in the Prints, which are licensed from third parties (the “Print Copyright Holders”) for the purposes as outlined in this subsection. Invictus Reviews LLC on behalf of the Print Copyright Holder grants you permission to download and use any Print for non-commercial, educational, research, or private study purposes. This permission is worldwide, nonexclusive, and nontransferable.

You agree to credit the Print Copyright Holder when using the Print for the purposes specified in these TOU. The exact copyright credit that must be used by you is listed next to each Print on the Website.

You agree to defend, indemnify, save, and hold harmless Invictus Reviews LLC, its employees, officers, and designates from any and all costs, expenses, damages, and liability arising because of any claim whatsoever that may be presented by anyone for loss or damage or other relief occasioned or caused by the use of the Print by you.

Invictus Reviews LLC’s interest is to protect the integrity of the original Print. Invictus Reviews LLC will not allow for any manipulation of the original Print (except for allowable cropping), unless a request for modification is made in writing and such request is approved by the Print Copyright Holder.

Availability of the Print on the Website does not imply that Invictus Reviews LLC endorses any product, enterprise, or opinions. Nor does it confirm the accuracy of any content on or related to the Print.

Invictus Reviews LLC reserves the right to refuse permission for Print reproduction and/or download to anyone who has not complied with the terms of these TOU. You are also responsible for conforming with the laws of libel, publicity rights, and copyright which may be involved in the use of the Print.

Submitted Information

If you choose to communicate to Invictus Reviews LLC (via any means) positive feedback or suggestions for improvements to the Website, Application, Services, Invictus Reviews LLC Content or Invictus Reviews LLC and / or its businesses generally (collectively, “Feedback”), Invictus Reviews LLC shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Invictus Reviews LLC and waive in favor of Invictus Reviews LLC, its successors and assigns all your moral rights in the Feedback, and agree to provide Invictus Reviews LLC such assistance as Invictus Reviews LLC may require to document, perfect, and maintain Invictus Reviews LLC’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Invictus Reviews LLC, you are not entitled to any compensation or reimbursement of any kind from Invictus Reviews LLC under any circumstances.

Trademarks

Apple and iOS are registered trademarks of Apple Inc. Android is a registered trademark of Google, LLC.

12. Interruption of Service

From time to time, the Services may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Invictus Reviews LLC and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

13. Termination of the Services and the TOU

You agree that Invictus Reviews LLC, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials or otherwise terminate your access to or use of the Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Invictus Reviews LLC believes that you have acted inconsistently with the letter or spirit of the TOU including but not limited to the User Content Policy.

Invictus Reviews LLC may also, in its sole discretion and at any time, discontinue providing the Services, or any portion thereof, with or without notice. You agree that Invictus Reviews LLC shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Invictus Reviews LLC’s termination of the Services, or any portion thereof.

You may also choose to terminate your access to the Services by canceling your account. If you wish to cancel your account, please contact us at [email protected] or follow the instructions in the Services when you are a Logged-in User.

Termination of the Services or your access to the Services shall terminate the present TOU as between you and Invictus Reviews LLC. All provisions of these TOU which by their very nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

14. External Links

From time to time Invictus Reviews LLC may provide links to other websites or services. Links from the Website or Application may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. Invictus Reviews LLC provides those links as a convenience to you and Invictus Reviews LLC takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Invictus Reviews LLC does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (even if they include Invictus Reviews LLC-branded merchandise) or the third parties operating those websites.

In no way will Invictus Reviews LLC or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Application or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THE INFORMATION THEREON (WHETHER PROVIDED BY Invictus Reviews LLC OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT) OR ANY ACTIVITY ARISING FROM YOUR USE OF THE SERVICES OR THE INFORMATION THEREON OR THE MATERIALS STREAMED OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE SERVICES, ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT), OR ANY THIRD PARTY MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR ANY OTHER FUNCTIONALITIES OF THE SERVICES, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM (I) YOUR USE OF THE SERVICES THE INFORMATION THEREON, ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT), OR (II) ANY ACTIVITY ARISING FROM THE USE OF THE SERVICES, THE INFORMATION THEREON OR ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT).

THE INFORMATION OR RESOURCES PROVIDED THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT), WRITTEN OR PRODUCED BY Invictus Reviews LLC STAFF, FREELANCE WRITERS OR OTHER SUBCONTRACTORS ARE KNOWN TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE WEBSITE OR SERVICES IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR, AND Invictus Reviews LLC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE WEBSITE OR THROUGH THE SERVICES.

Invictus Reviews LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICES, THE INFORMATION THEREON OR ANY MATERIALS STREAMED OR DOWNLOADED THEREFROM (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT), AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Invictus Reviews LLC, AND ITS REPRESENTATIVES DO NOT WARRANT THAT: (I) THE WEBSITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT(INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT) OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE OR SERVICES OR ANY CONTENT STREAMED OR DOWNLOADED THEREFROM (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT) WILL MEET YOUR REQUIREMENTS.

16. Limitation of Liability

Invictus Reviews LLC SHALL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES (WHETHER FINANCIAL OR OTHERWISE) ARISING FROM OR IN RELATING TO THE INFORMATION ON THE SERVICES OR STREAMED OR DOWNLOADED THEREFROM (INCLUDING BUT NOT LIMITED TO Invictus Reviews LLC CONTENT), THE USE OF THE SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE SERVICES, OR ANY THIRD-PARTY MATERIALS ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Invictus Reviews LLC AND ITS REPRESENTATIVES, OR ITS AFFILIATES AND THEIR REPRESENTATIVES: (I) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATING TO THE SERVICES OR YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF Invictus Reviews LLC AND ITS REPRESENTATIVES OR ITS AFFILIATES AND THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TOU, WHERE PERMITTED BY LAW IN NO EVENT WILL Invictus Reviews LLC’S AND ITS REPRESENTATIVES’ OR ITS AFFILIATES’ AND THEIR REPRESENTATIVES’ AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE SERVICES BE THE TOTAL PAID BY YOU FOR YOUR SUBSCRIPTION(S) IN THE PREVIOUS 6 MONTHS.

17. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Invictus Reviews LLC or its agents, or its affiliates and their representatives, or subcontractors, you agree to indemnify, defend and hold harmless Invictus Reviews LLC and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services or the information thereon or information streamed or downloaded therefrom (including but not limited to Invictus Reviews LLC Content); (ii) your participation in any activities arising from the Services or the information thereon or information streamed or downloaded therefrom (including but not limited to Invictus Reviews LLC Content); (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

18. Governing Laws and Jurisdiction; WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION

These TOU, and your use of the Website or Services shall be governed by and construed in accordance with the laws of the State of California in force at the time without regard to conflict of law provisions. Regardless of where you access the Website or Services, you agree that any action at law or in equity arising out of or relating to the TOU or your use of the Website or Services shall be filed and adjudicated only in the State or Federal Courts located in the State of California, in Los Angeles County, and any appellate courts therefrom, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such court over any suit, action or proceeding arising out of the TOU or your use of the Website or Services. Notwithstanding the foregoing, Invictus Reviews LLC shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Los Angeles County court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Los Angeles County court.

You and Invictus Reviews LLC expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU, your use of the Website or Services nor to any dispute arising therefrom.

YOU ACKNOWLEDGE AND AGREE THAT ANY DISPUTE WHICH MAY ARISE UNDER THESE TOU OR YOUR USE OF THE SERVICES IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TOU OR YOUR USE OF THE WEBSITE OR SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND Invictus Reviews LLC WILL RESOLVE ANY DISPUTES, CLAIMS OR CONTROVERSIES ON AN INDIVIDUAL BASIS, AND THAT ANY CLAIMS BROUGHT UNDER THESE TOU OR YOUR USE OF THE WEBSITE OR SERVICES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT Invictus Reviews LLC AND YOU SHALL NOT PARTICIPATE IN ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE PROCEEDING (EXISTING OR FUTURE) BROUGHT BY ANY THIRD PARTY ARISING UNDER THESE TOU OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES.

19. Miscellaneous Provisions

These TOU and any other terms linked therefrom, in conjunction with the Privacy Policy, constitute the entire agreement between you and Invictus Reviews LLC with respect to your use of the Website, Application and Services, superseding any prior agreements between you and Invictus Reviews LLC, its predecessors, affiliates or subsidiaries. When you download the Application, you are also subject to the Terms of Service and Privacy Policy of any of the Third-Party Application Distributors you used to download the Application. We strongly suggest reading those documents prior to installing the Application. Invictus Reviews LLC shall in no way be held responsible for any losses or damages, whether pecuniary or otherwise, to you or any third party for your failure to adhere to the Terms of Service and / or Privacy Policy of any Third-Party Application Distributor when downloading and / or using the Application. If you choose to bypass the Third-Party Application Distributor and download the Application, you have violated these TOU and are barred from using the Application. Without limiting the generality of Disclaimers and Limitation of Liability sections elsewhere in these TOU, in no way shall Invictus Reviews LLC and its Representatives be responsible for your use of the Application or any actions or damages (pecuniary or otherwise) arising from your use of the Application if you have bypassed the Third-Party Application Distributor.
Invictus Reviews LLC shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Invictus Reviews LLC’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
The rights granted in these TOU may not be assigned or transferred by either you or Invictus Reviews LLC without the prior written approval of the other party. Where a third party uses the Application installed on your Device with your permission, you are legally responsible for that third party's use and are bound by these TOU. Neither you nor Invictus Reviews LLC are permitted to delegate their responsibilities or obligations under these TOU without the prior written approval of the other party.
The information provided on the Website or within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Invictus Reviews LLC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Services or other feature that Invictus Reviews LLC provides.
The failure of Invictus Reviews LLC to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Invictus Reviews LLC.
The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

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