1. CERTIFICATION OF USER.
The use or attempted usage of this website certifies that you are resident in the United States or otherwise have required authorization to conduct business in the United States. You also certify that you are not less than the age of 18, and you possess the legal capacity to enter into this agreement.
2. CONTENT AND REGISTRATION.
2.1. The Website content shall mean all pages, Menus, Posts, of the websites and services including, but not limited to text, images, data, video, or any other information that can be obtained or provided via our website, which shall be collectively referred to as “information” in this agreement.
2.2 The Investway Group of Florida, Corp., shall not be responsible directly or indirectly for any loss, misinformation, or damage caused by your visit and use of an external site linked in any of our pages or posts. Be informed that the texts and statements made in our service areas concerning our investment properties do not constitute an offer, but merely a call to action.
2.3 Registration. Surfing through certain sections and pages of our website does not require you to register or provide any vital information. However, accessing premium services requires you to get registered with a user ID and password (Login Credentials). For continued use of our website, you agree to keep your login credentials safe and confidential, and you shall be the only user of the credentials exclusively for our website. The Investway Group of Florida, Corp., reserves the authority to monitor the utilization of login credentials on its website and shall discontinue such credentials at its sole discretion. In case of a breach or suspicious threat to the confidentiality of your login credentials, you should change the password promptly and notify us immediately.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent, and Trademark Notice. All information provided by the Investway Group of Florida, Corp., on the website, including without limitation, texts, graphics, images, videos, forms, layouts, and configurations is copyrighted by the IInvestway Group of Florida, Corp. Copyright © 2020 Investway Group of Florida, Corp. All rights reserved.
No pages, texts, or portions of the website may be directly or indirectly duplicated, reproduced, redistributed, modified, transmitted, sold, or shared via any platform or channel in the present or the future. This copyright prohibition encompasses but not limited to “screen scraping” or “database scraping “ to obtain directly, indirectly, or technical information of users and other site content. This prohibition does not allow you to store in any device or transmitted over any network, except that you may download or save a public page for no other than personal use and not for commercial purposes. However, any printout or a stored version of any portion of the website must include the Investway Group of Florida, Corp. brand image and copyright notice. The Investway Group of Florida, Corp. and all its associated business property such as logos, images, videos, buttons, page headers, and other custom icons are service marks, and trademarks of the Investway Group of Florida, Corp.
3.2. Notice of Copyright Infringement. The Investway Group of Florida, Corp. is an upright organization with the utmost respect for the copyright of other individuals and corporate entities. The Investway Group of Florida, Corp. retains the rights, but not the obligation, to end, terminate, and retrieve your license to use the services of the website, having determined at its discretion your violation, whether first time or repetitively of the rights and policies set herein. The Investway Group of Florida, Corp. has strategically created procedures and medium for receiving written notification of claimed infringement. In any case, where you believe your copyrighted work has been used on the website in such a way that infringes your copyright, you may notify the Investway Group of Florida, Corp. via our communication channels.
3.3. Restricted Use. You acknowledge and agree that the service area and the information on the website will only be used for lawful purposes. You agree not to transmit on the website any content which: (a) is unlawful, harmful, divisive, racial, or otherwise controversial, and objectionable; or (b) violates any proprietary rights, privacy or publicity rights, as you shall be liable for any damages caused for violating such rights.
3.4. Your Submission of Messages. You hereby agree to grant the Investway Group of Florida, Corp. a royalty-free, perpetual, and non-exclusive right and the right to use, modify, publish, or translate derivative works from all messages or other content posted by you.
3.5. Public messages. All communication and electronic channels and forums made available to users of the service for simplicity and efficiency purposes are the sole property of the Investway Group of Florida, Corp. and not owned or to be used as a public forum or channel. You understand and agree that all Third-party content posted via such channel or forum whether publicly or privately is the sole responsibility of the person or entity it originated from. You agree to take full control and liability for all Third-party content you shared or transmit via the service, as the Investway Group of Florida, Corp. shall not be liable for such third-party content. You acknowledge and agree not to use the website or the service to:
- Share or transmit any unlawful, damaging, threatening, racial, defamatory, libelous, hateful, or any other content that is objectionable, divisive, or highly controversial;
- Misrepresent or impersonate any individual or corporate entity, or falsely imply affiliation with a person or corporate body;
- Tweak or forge headers or other key identifiers of the content of the website and the service to disguise the originality and source of any content being shared on the service;
- Share, distribute, or transmit any third-party content that you are not authorized to share or transmit under law or contractual or fiduciary relationships;
- Share, distribute, or transmit any third-party content that does not comply or infringe on any copyright, trademark, patent, trade secret, or any proprietary rights;
- Share and transmit any unauthorized and unwarranted advertising, promotional, and marketing materials;
- Share and transmit any third-party content that is harmful or contains viruses and programs designed to crash, interrupt, or put a restriction or limitation on any computer hardware or software or network;
- Affect the normalcy of the service for other users and members;
- Disobey or flaunt any requirement or policy, and interrupt the service, servers, or networks;
- Intentionally or unintentionally flaunt or violate any applicable local, state, national or international law;
- Harass, invade private space of another; or
- Obtain and store personal information of other users and members.
You are aware that the Investway Group of Florida, Corp. does not pre-screen Third-Party Content and information, and therefore the Investway Group of Florida, Corp. shall have the right (but bot obligation) to refuse, remove, or move any Third-Party Content that is available via the service and on the website. Without putting a limitation of the foregoing, the Investway Group of Florida, Corp. reserves the right to delete or remove any Third-Party Content that does not comply with this Agreement or questionable at the sole discretion of the Investway Group of Florida, Corp. You acknowledge and agree to evaluate, access, and bear all risks associated with trusting and relying on the accuracy and reliability of Third-Party Content on the site.
You acknowledge that the Investway Group of Florida, Corp. reserves the right to preserve Third-party Content and may also decide to put it forth for disclosure if required to do so by law or in good faith with the hope that such disclosure or preservation is necessary to: (a) Comply with Laws and Legal processes; (b) give a response to claims that a Third-party content violates another third-party content; (c) enforce the terms of this Agreement; (d) Give protection to the property, rights, and personal safety of the Investway Group of Florida, Corp., its visitors, members, or the public.
3.6. Linking. Use of the Investway Group of Florida, Corp.’s proprietary marks, logos, video, and other distinctive materials in your links without the prior written consent of the Investway Group of Florida, Corp. is highly prohibited. You are not permitted to link to any page of the website in any way reasonably likely to: (a) cause confusion, deception, or defraud; (b) imply partnership, affiliation, sponsorship, or endorsement; (c) dilute the Investway Group of Florida, Corp.’s trademarks; (d) violation of state or federal laws. You are not permitted to frame, draft, or incorporate the content of the website or its information thereof on any other website without the prior written consent of the Investway Group of Florida, Corp.
4. ACCESS AND DELAYS IN SERVICES.
The Investway Group of Florida, Corp. and its affiliates shall have no responsibility to provide you access to our web platform or portal. The Investway Group of Florida, Corp. shall not be responsible or held accountable for any loss, damage, or liability as a result of direct or indirect delays, errors, inaccuracies, interruptions, or omissions of or from the service for any reason, including but not limited to connection problems, electronic or mechanical devices errors, acts of God, fire, riots, weather, acts of terrorism, strikes, war or armed conflicts, among many other like causes.
5. MONITORING BY THE INVESTWAY GROUP OF FLORIDA, CORP.
6. REPRESENTATIONS, WARRANTIES, AND LIMITATION OF LIABILITY.
6.1. General Disclaimer and Limited Warranty. You admit that some information and links found on the website are compiled from several sources which may be beyond the accountability and control of the IInvestway Group of Florida, Corp. Though we strive to ensure that the information and external links are reliable and safe, however, there may be inaccuracies, which we are not liable for. The Investway Group of Florida, Corp. cannot certify the accuracy or reliability of such information and links, and so we do not guarantee the suitability and accuracy of the information distributed by these service providers and third parties.
Your usage of the website is an acknowledgment of the fact that the website is provided to users on the basis of “as is with all faults”. The Investway Group of Florida, Corp. and its licensors cannot guarantee any form of warranty, whether oral, express, statutory, implied, or otherwise, without any exception for implied warranty of merchantability, title, non-infringement, or any warranties concerning deals and trade. In addition, the Investway Group of Florida, Corp. does not guarantee that the web platform will meet all your investment requirements or suitability.
6.3. Viruses. You agree that the Investway Group of Florida, Corp. is an upright organization and technically strives to assure that viruses or look-alike programs and extensions are not used or passed through the website and its content. However, you take full responsibility with no harm for the Investway Group of Florida, Corp. by whatever technical means possible to detect and eradicate any virus or programs that pose a threat to you or your device.
6.4. LIMITATION OF LIABILITY. You acknowledge and agree that the Investway Group of Florida, Corp. shall not in any way be held responsible for any incidental or special damages that arise from the inability to use the website and its services for any investment or given purpose. If the essential purpose of the aforementioned limitations of liabilities is defeated, such liability shall be limited to an equivalent sum of ten percent (10%) of whatsoever sum paid to the Investway Group of Florida, Corp. by you as stated in this agreement or a sum of hundred dollars ($100.00), whichever sum is greater. This sum shall be paid as liquidated damages rather than as a penalty even in a case where the Investway Group of Florida, Corp. has been advised of the potential damages. This stated liability at any time shall be full, complete, and totally exclusive. You also agree that the provisions of the stated terms in this section 6 shall last and survive any update or termination of this agreement.
6.5. FTC NOTICE. The above limitation does not apply to you if you reside and operate from one of the states that do not allow limitations irrespective of the duration of an implied warranty. The above limitations may also not apply to you if you reside and operate from one of the states that do not allow the exclusion or limitation of consequential or incidental damages. This agreement and warranty provide you with certain legal rights, with consideration for other rights you may be entitled to depending on your state.
7. You shall release, discharge, hold harmless and indemnifyInvestway Group of Florida, Corp. and each of its members from and against any form of loss, claims, and causes of action of whatever character including but not limited to costs, attorney charges incurred with respect to any demand made by any individual(s) or corporate entity arising from, or in connection with the data and information provided on the website.
The obligations to release and indemnify stated in this agreement and section shall apply irrespective if it is caused wholly or partly by the joint, sole, or gross laxity, strict or contractual liabilities of third parties, whether active or passive, of any individual or corporate body, including without limitation to the indemnities, whether jointly or not. You shall fully work together as reasonably needed in the defense of any such demand or claim.
8. PRIVACY POLICIES.
9. UNREQUESTED MARKETING.
9.1. Unrequested Marketing. The Investway Group of Florida, Corp. is a customer-centric and trustworthy organization that supports reliable and responsible trade and e-commerce. The Investway Group of Florida, Corp. holds back permission for anyone to use the service to share, broadcast, or transmit unrequested commercial or non-commercial electronic email, whether junk or SPAM.
9.2. Electronic Direct Marketing Programs.
The Investway Group of Florida, Corp. may develop or engage in electronic direct marketing to reach registered visitors or members who by reason of choice permits us to send special deals and properties of interest via electronic mail. In the process of achieving this while upholding the terms of this agreement, the Investway Group of Florida, Corp. does not send the names and electronic addresses of users to third parties. Registered users and visitors may remove themselves from our electronic direct marketing campaign by requesting we delist them from our marketing mailing list. This request can easily be done by sending a message to our system administrator for assistance.
9.3. Reporting SPAM. Our registered users and members who are displeased by any SPAM, offensive, and threatening e-mail through our advertising and marketing service may get it reported to the Investway Group of Florida, Corp.’s support team with full proof of the message (forwarding the actual unedited message) for immediate action.
10.1. Governing Law; Limitations; Venue.
The laws of the state of Florida shall govern this Agreement with exceptions for any rule that references and apply the substantive laws of another state. Any claims or complaints arising from the use of the website and the services, as stated in this agreement, must be instituted at least two (2) years from the date which the complaint or claim started. In addition, any complaints or legal claims shall be EXCLUSIVELY settled in the state or federal courts situated in the state of Florida. Further, you also agree to comply with the exclusive personal jurisdiction of the chosen court in Florida and hereby appoint the Secretary of State of Florida as your agent for service of process. You also agree to waive any objection made by the competent court in Florida.
10.2. Assignments. The Investway Group of Florida, Corp. must be fully aware and back up with written consent before you can transfer or assign your rights, privileges, or obligations to another. Any other form of assignment that does not comply with the provision of this section shall be rendered null and void.
10.3. Severability. In a situation where any statement or provision of this Agreement is invalid or unenforceable, the court (of competent jurisdiction) shall modify such provision or statement to ensure its validity and enforceability. And in a case where the provision can’t be modified to render it enforceable, the court (of competent jurisdiction) shall delete or suspend such provision, without altering the effect of the remaining provision of this Agreement.
10.4 Connectivity Charges. You understand and acknowledge third party connectivity charges that may be incurred from your visit and access to the website and its services. You acknowledge your responsibility for any charges that may be incurred due to the use of the service on your cellphone or from your internet services providers, such as text messaging and data fees.
10.5. Termination. The Investway Group of Florida, Corp. reserves the right to stop you or suspend you from using the website for any reason deemed fit by the Investway Group of Florida, Corp. The suspension or termination of your access and use of the website shall not in any way diminish or affect any right or relief to which the Investway Group of Florida, Corp. may qualify. Upon the suspension or termination of this Agreement, all rights provided to you by the Investway Group of Florida, Corp. shall be terminated and returned back to the Investway Group of Florida, Corp.
10.6. Notice. Any official and important correspondence should be sent via postal mail to Investway Group of Florida, Corp., 4532 W. Kennedy Blvd. Ste 154, Tampa, Florida 33609, United States (US).
10.7 Notice Regarding Electronic Commercial Service for California Users.
The website users in California are qualified for the following specific consumer rights notice according to the California Civil Code Section 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
INVESTWAY GROUP OF FLORIDA, CORP., FLORIDA RESERVE ANY OTHER RIGHTS NOT EXPLICITLY STATED IN THIS AGREEMENT.
© 2020 Investway Group of Florida, Corp. All rights reserved.