Last Modified: July 6, 2018
These terms of use are entered into by and between you and Vimvest IP, LLC, a Florida limited liability company (“Vimvest IP”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) govern your access to and use of www.vimvest.com, including any content, functionality and services offered on or through www.Vimvest.com (collectively, the“Website”), whether as a guest or registered user.
Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Vimvest IP’sPrivacy Policy, found at [Privacy Policy URL],incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Vimvest IP and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Vimvest IP may revise and update these Terms of Use from time to time in Vimvest IP’s sole discretion. All changes are effective immediately when Vimvest IP posts them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Vimvest IP reserves the right to withdraw or amend the Website, and any service or material Vimvest IP provides on the Website, in Vimvest IP’s sole discretion without notice. Vimvest IP will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Vimvest IP may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by Vimvest IP’s Privacy Policy, and you consent to all actions Vimvest IP takes with respect to your information consistent with Vimvest IP’s Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of Vimvest IP’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify Vimvest IP immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Vimvest IP has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Vimvest IP, at any time in Vimvest IP’s sole discretion for any or no reason, including if, in Vimvest IP’s opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Vimvest IP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at Vimvest IP’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Vimvest IP. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Vimvest IP’s name and logo, the term “Vimvest” and the “Vimvest” logo, and all names, logos, product and service names, designs, and slogans related to the foregoing, are trademarks of Vimvest IP or its affiliates or licensors. You must not use such marks without the prior written permission of Vimvest IP. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Vimvest IP has the right to:
YOU WAIVE AND HOLD HARMLESS Vimvest IP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BYSUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The information presented on or through the Website is made available solely for general information purposes. Vimvest IP does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Vimvest IP disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website orby anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Vimvest IP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Vimvest IP. Vimvest IP is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Vimvest IP may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Vimvest IP is under no obligation to update such material.
All information Vimvest IP collects on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by Vimvest IP with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Vimvest IP has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Florida in the United States. Vimvest IP provides the Website for use only by persons located in the United States. Vimvest IP makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that Vimvest IP cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. VimvestIP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ONIT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT,AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VimvestIP NOR ANY PERSON ASSOCIATED WITH Vimvest IP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Vimvest IP NOR ANYONE ASSOCIATED WITH Vimvest IP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ORTHAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Vimvest IP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL Vimvest IP, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OFDATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule(whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the Twelfth Judicial Circuit in and for SarasotaCounty, Florida, located in the City of Sarasota, or the United States DistrictCourt for the Middle District of Florida located in the City of Tampa, althoughVimvest IP retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USEOR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by Vimvest IP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vimvest IP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement[3]between you and Vimvest IP with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
The Website is operated by Vimvest IP at 3322 Bee Ridge Road, Suite 100, Sarasota, FL 34239.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@vimvest.com.
Last Modified: April 2018
Vimvest IP, LLC, a Florida limited liability company ("Vimvest"), respects your privacy and is committed to protecting it through Vimvest’s compliance with this policy. This policy describes:
This policy applies only to information Vimvest collects in this App.
This policy DOES NOT apply to information that:
Vimvest’s websites and apps and such third parties may have their own privacy policies, which Vimvest encourages you to read before providing information on or through them.
Please read this policy carefully to understand Vimvest’s policies and practices regarding your information and how Vimvest will treat it. If you do not agree with Vimvest’s policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time. Your continued use of this App after Vimvest makes changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
This App is not intended for children under 13 years of age, and Vimvest does not knowingly collect Personal Information from children under 13. If Vimvest learns it has collected or received Personal Information from a child under 13 without verification of parental consent, Vimvest will delete that information. If you believe Vimvest might have any information from or about a child under 13, please contact Vimvest at privacy@vimvest.com.
Vimvest collects information from and about users of this App:
When you download, register with, or use this App, Vimvest may ask you to provide information:
This information includes information that you provide by filling in forms in thisApp and information provided at the time of registering to use this App, subscribing to Vimvest’s service, and requesting further services.
When you download, access, and use this App, it may use technology to automatically collect:
If you do not want Vimvest to collect this information, you may opt out at anytime by contacting Vimvest at privacy@vimvest.com or by using the opt-out feature in the operating system on your phone.
Some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. Furthermore, Vimvest does not track its users over time and across third party mobile applications to provide targeted advertising. As such, this App does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. However, some third-party technologies used in this App may keep track of your activities when they serve you content, which enables them to tailor what they present to you. To determine whether any of the third-party services this App uses honor DNT requests, please read their privacy policies. For more information about these third-party services, see “Third Party Information Collection”. For more information about “do not track,” visit www.allaboutdnt.org.
The technologies Vimvest or its third-party services use for automatic information collection may include cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of this App.
When you use this App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include:
These parties may also include:
These entities may collect or receive information you provide within this App, including information about your use of this App; information associated with your Personal Information; or information, including Personal Information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. These third parties may collect, use, store, or transmit information in accordance with their applicable privacy policies and business practices, which are not under Vimvest’s control. For more information on third-party practices, please refer to such third parties’ applicable privacy policies, terms of use, end user license agreements, or similar disclosures, which may be available from the Apple App Store or Google Play Store or by contacting the third party for more information. If you have questions about which third parties may have access to your information through your access to or use of this App, you may contact us at privacy@vimvest.com for more information.
Vimvest does not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Your Choices About Vimvest’s Collection, Use, and Disclosure of Your Information,” below.
Vimvest uses information that it collects about you or that you provide to it, including any Personal Information, to:
App's End User License Agreement and for billing and collection; and
The usage information Vimvest collects helps it to improve this App and to deliver a better and more personalized experience by enabling Vimvest to:
Vimvest may also use your information to contact you about Vimvest’s and its affiliates’ goods and services that may be of interest to you. If you do not want Vimvest to use your information in this way, please check the relevant box located on the form on which Vimvest collects your data or adjust your user preferences in your account profile. For more information, see “Your Choices About Vimvest’sCollection, Use, and Disclosure of Your Information,” below.
Vimvest may disclose aggregated information about this App’s users and information that does not identify any individual or device without restriction.
In addition, Vimvest may disclose Personal Information that it collects or you provide:
Vimvest strives to provide you with choices regarding the Personal Information you provide to Vimvest. This section describes mechanisms Vimvest provides for you to control certain uses and disclosures of your information.
You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of this App may then be inaccessible or may not function properly.
Vimvest does not control third parties' collection or use of your information. However, these third parties may provide you with ways to choose not to have your information collected or used in certain ways. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI")on the NAI's website. For more information about third-party services, see “Third Party Information Collection”.
You can review and change your Personal Information by logging into this App and visiting your account profile page.
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California Civil Code Section1798.83 permits users of this App that are California residents to request certain information regarding Vimvest’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@vimvest.com or write Vimvest at 3322 Bee Ridge Rd Sarasota, FL 34239.
Vimvest has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where Vimvest has given you (or where you have chosen) a password for access to certain parts of this App, you are responsible for keeping this password confidential. Vimvest asks you not to share your password with anyone.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although Vimvest does its best to protect your Personal Information, it cannot guarantee the security of your Personal Information transmitted through this App. Any transmission of Personal Information is at your own risk. Vimvest is not responsible for circumvention of any privacy settings or security measures Vimvest provides.
Vimvest may update its privacy policy from time to time. If Vimvest makes material changes to how it treats users' Personal Information, it will post the new privacy policy on this page with a notice that the privacy policy has been updated and either notify you at the email address specified in your account or include an in-App alert the first time you use this App after Vimvest makes the change.
The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring Vimvest has an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and Vimvest’s privacy practices, contact Vimvest at:
Vimvest Holdings, LLC
3322 Bee Ridge Road
Sarasota, FL 34239
Email: privacy@vimvest.com
Last Modified: April 2019
Vimvest, LLC, a Florida limited liability company (“Vimvest” or the “Company”) is a registered investment advisor specializing in combining goal-based investing, saving and giving into an unified financial planning experience (collectively, the “Services”). Before using or referring clients to the Services offered by Vimvest and those of its subsidiaries and affiliates, these terms and this agreement (“Agreement”) should be read carefully.
The Company hereby agrees to pay “Referrer” a Referral Fee of $10 U.S. Dollars (the “Referral Bonus”) for each of Vimvest’s clients (“Client”) who registers for the Services as a result of the Referrer (“Registration”). All Referral Bonuses earned by the Referrer shall be due and payable by the Company to the Referrer within ninety (90) days of the client’s Registration, provided however that if Client cancels his or her registration within 30 days of his or her initial registration, no Referral Bonus will be due and payable to Referrer. Client will also earn $10 as a bonus for its Registration as a client during the Registration Period and remains a Client for a period of at least 30 days after Registration.
Notwithstanding the foregoing, the Company retains the right to reject a Referral for any reason or for no reason. Each Referral Bonus paid with respect to a specific Referral shall be considered complete consideration for such Referral. Referrer shall be responsible for any and all income and other taxes applicable to it in connection with receipt of the Referral Bonus as an independent contractor of the Company. The Company will not be responsible for any expenses of the Referrer in the course of the performance of its obligations hereunder unless such expenses have been previously approved in writing by the Company.
As a component of the Referral, the Referrer: (i) shall perform his or her duties in a manner consistent with the instructions of the Company and the Investment Advisers Act of 1940, as amended (the “Act”); and (ii) shall communicate regularly with the Company regarding any progress the Referrer has made in obtaining Referrals.
The Referrer hereby represents and warrants that the Referrer: (i) is not a person subject to a Securities and Exchange Commission (the “Commission”) order issued under section 203(f) of the Act; (ii) is not a person convicted within the previous ten years of any felony or misdemeanor involving conduct described in section 203(e)(2)(A) through (D) of the Act; (iii) is not a person who has been found by the Commission to have engaged, or has been convicted of engaging, in any of the conduct specified in paragraphs (1), (5) or (6) of section 203(e) of the Act; (iv) has the right to enter into this Agreement; (v) is not a party to any agreement, contract, or understanding that would prevent, limit or hinder his/her performance of this Agreement; (vi) will not enter into any contract, agreement or understanding which is in conflict or which would interfere with the full and complete performance of any of the duties or grants hereunder; and (vii) is not a party to any pending claims or litigation which might affect his/her performance of this Agreement.
The Company hereby represents and warrants that the Company: (i) is registered under the Act; (ii) has the right to grant the rights and licenses granted herein; (iii) is not a party to any agreement, contract, or understanding that would prevent, limit or hinder its performance under this Agreement; and (iv) is not a party to any pending claims or litigation which might affect its performance under this Agreement.
If you do not want Vimvest to collect this information, you may opt out at anytime by contacting Vimvest at privacy@vimvest.com or by using the opt-out feature in the operating system on your phone.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES PROVIDED AND OTHER OBLIGATIONS UNDERTAKEN HEREUNDER, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF REFERRER HAS BEEN INFORMED OF SUCH PURPOSE), OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE QUALITY OF THE SERVICES PURCHASED OR OBTAINED BY A CLIENT AFTER A REFERRAL WILL MEET SUCH CLIENT'S EXPECTATIONS.
The technologies Vimvest or its third-party services use for automatic information collection may include cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of this App.
Each of the Company and the Referrer (an “Indemnifying Party”) shall indemnify, defend and hold harmless the other (the “Indemnified Party”), its affiliates, and each of their directors, officers, employees, and agents from and against all claims, suits and proceedings and any and all related liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees) (collectively, “Losses”) incurred by the Indemnified Party, relating to or arising out of the breach by the Indemnifying Party of any of its duties, obligations, representations or warranties under this Agreement. An Indemnified Party will (i) promptly notify the Indemnifying Party of any claim, suit, or proceeding for which indemnity is claimed (but the Indemnifying Party shall be relieved from liability only to the extent any delay in providing such notice prevents the Indemnifying Party from defending such claim, suit or proceeding); (ii) cooperate reasonably with the Indemnifying Party at the Indemnifying Party's expense; and allow the Indemnifying Party to control the defense or settlement thereof. The Indemnified Party will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense.
NEITHER THE COMPANY NOR THE REFERRER WILL BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
Referrer, Client and Company, and either of their affiliates, and their or their affiliates' officers, directors, trustees, employees, advisers, agents and other personnel, shall use at least the same care and discretion to prevent disclosure of Confidential Information (as hereinafter defined) of the other party as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care. Either party may use Confidential Information of the other party in order to carry out its obligations hereunder, but in doing so will only allow dissemination of Confidential Information internally on a need-to-know basis (provided such persons are first informed of the confidential nature of such information and directed to use or disclose it only as permitted herein). If either party must disclose any Confidential Information of the other party as required by law, then that party may make such disclosure after providing the other party with reasonable notice so that the other party may seek protective relief. Nothing herein shall be construed as granting either party any property rights, by license or otherwise, to any Confidential Information of the other party, or to any invention or any patent, copyright, trademark, or other intellectual property right of the other party except as specifically provided for in this Agreement. Neither party shall make, have made, use or sell any product or service or other item using, incorporating or derived from any of the other party's Confidential Information except as provided in this Agreement. For purposes of this Section, “Confidential Information” means (1) business or technical information or data (oral, written, electronic or otherwise), including, without limitation, a trade secret (as defined under applicable law), of or about a party provided or made available by such party to the other party that is competitively or commercially valuable to that party and not generally known or readily available by legal means to others, and (2) information regarding the existence, content or status of the business relationship described herein. Confidential Information shall not include information which (i) at the time of disclosure, was published, known publicly, or otherwise in the public domain, (ii) after disclosure, is published, becomes known publicly, or otherwise becomes part of the public domain through no fault of the party receiving the Confidential Information, (iii) prior to the time of disclosure, is known by that receiving party or, after disclosure, is independently developed by that receiving party as evidenced by its written records, (iv) after disclosure, is made available to that receiving party in good faith by a third party who is under no obligation of confidentiality or secrecy to the party disclosing the Confidential Information, or (v) information agreed to be disclosed in accordance with this section regarding confidentiality.
Referrer expressly acknowledges and agrees that any work prepared by the Referrer under this Agreement shall be considered "work for hire" and the exclusive property of the Company unless otherwise specified. To the extent such work may not be deemed a "work for hire" under applicable law, the Referrer hereby assigns to the Company all of its right, title, and interest in and to such work. The Referrer shall execute and deliver to the Company any instruments of transfer and take such other action that the Company may reasonably request, including, without limitation, executing and filing, at the Company's expense, copyright applications, assignments , and other documents required for the protection of the Company's rights to such materials.
Referrer recognizes the Company's right, title, and interest in and to all service marks, trademarks, and trade names used by the Company and agrees not to engage in any activities or commit any acts, directly or indirectly, that may contest, dispute, or otherwise impair the Company's right, title, and interest therein, nor shall the Referrer cause diminishment of value of said trademarks or trade names through any act or representation. The Referrer shall not apply for, acquire, or claim any right, title, or interest in or to any such service marks, trademarks, or trade names, or others that may be confusingly similar to any of them, through advertising or otherwise. Effective as of the termination of this Agreement, whether by expiration or otherwise, the Referrer shall cease to use all of the Company's trademarks, marks, and trade names.
The Company may terminate this Agreement at any time, with or without cause, with or without notice, effective immediately. Referrer may terminate this Agreement for any reason or no reason, at any time, upon notice to the Company. Referrer’s termination notice will be effective upon the Company processing the notice. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Unless otherwise agreed in writing by Referrer and the Company, any dispute arising out of or relating to the Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. If parties are unable to select an arbitrator then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. CLIENT AND REFERRER EACH AGREE THAT IT MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
For purposes of communicating with Client or Referrer, notice shall consist of an email from us to an email address associated with Client’s or Referrer’s account. Client and Referrer each also agree that the Company may communicate with Client or Referrer, as applicable, through other means including email, cellular telephone, telephone or delivery services including the U.S. Postal Service. Client and Referrer each agree that the Company shall have no liability associated with or arising from either party’s failure to maintain accurate contact information.
This Agreement is the entire agreement between Referrer and the Company with respect to client Registrations and Referral Bonuses, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Referrer and the Company with respect to all Referrals. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Software Developer – Multiple Openings to work on the server-side of a financial application to build web API’s using REST services. Requires Master of Science in Computer Engineering or Master of Science in Computer Science.
Mail resume to Vimvest, LLC 3322 Bee Ridge Road, Sarasota, FL 34239
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