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.invictus.reviews 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 is 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., #355

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:

i. 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;

ii. 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;

iv. 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;

v. 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;

vi. 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;

ix. Not attempt to do any of the foregoing prohibitions;

x. 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

a. 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”.

b. 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).

c. 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

a. 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.

b. 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.

c. 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

a. 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.

b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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.

h. Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.

i. 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

a. 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.

b. 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, purchases, and Payments

a. The Services

Purchase of a "course" as described further in this section entitles you to access to that specific Invictus Reviews LLC Content available on or through the Website or Application, and all related functionalities to access and view that specific course. 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 purchase.

b. 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.

c. 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.

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

d. Billing Information, Payment Processing and Other Charges

In order to make a payment for your purchase(s), 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 are handled through the online payment processor Stripe (Stripe and any subsequent payment processors will be 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.

e. Pricing and Taxes

Prices of purchases 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.

f. Cancellation Policy

Invictus EM Reviews and Invictus Encore are designed to provide you with the comprehensive tools needed to pass the ABEM board exams. While we are confident in your success, we understand that unexpected outcomes can occur. Should you not pass your exam, please contact our customer support team at [email protected]. We will work with you to understand your individual circumstances and create a personalized plan to support your learning goals.

Please note that refunds of any kind are not issued, 1-year extension of products will be considered in individual circumstances.

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:

i. 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;

ii. 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, sublicensable 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;

iv. 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;

v. 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;

vi. 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

a. 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.

b. 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.

c. 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.

d. 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 endeavor 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 purchase(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

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.