Terms of Use
Last revised on: April 24, 2023
The website located at information.io (the “Site”) and the V.A.S.T. Journey mobile application (the “App;” the Site and App, collectively the “Services”) are copyrighted works belonging to In-Formation, LLC (“Company”, “us”, “our”, and “we”). Certain features of the Services may be subject to additional rules which will be posted on the Site and/or App (as applicable) and are incorporated by reference into these Terms.
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Services. By accessing or using the Services, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you certify that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).
YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 14 YEARS OLD. WE DO NOT COLLECT IDENTIFIABLE INFORMATION FROM ANY PERSON WE KNOW IS UNDER THE AGE OF 14. IN THE EVENT THAT WE LEARN THAT WE HAVE COLLECTED INFORMATION FROM AN INDIVIDUAL WHO IS YOUNGER THAN 14 YEARS OLD WITHOUT VERIFICATION OF PARENTAL CONSENT, WE WILL PROMPTLY DELETE THAT INFORMATION. IF YOU BELIEVE WE MIGHT HAVE INFORMATION FROM OR ABOUT AN INDIVIDUAL WHO IS YOUGER THAN 14 YEARS OF AGE, PLEASE NOTIFY US AS SPECIFIED IN SECTION 10.7. IF YOU ARE UNDER 18 YOU HEREBY AGREE TO ACCESS AND USE THE SERVICES ONLY WITH THE CONSENT OF A PARENT OR LEGAL GUARDIAN.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE
The contents of the Services, such as text, graphics, images, videos, communications, information obtained from our licensors, and other material contained on the Services (“Content”) are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Your use of the Services in no way creates a physician-patient relationship in in form or manner. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by us, our employees, others appearing on the Services at our invitation, or other visitors/users of the Services is solely at your own risk.
If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.
1. ACCOUNTS
1.1 Account Creation. In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You certify that all required registration information you submit is accurate and you agree to maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account in accordance with Section 8.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You understand and agree that we are not liable for any loss or damage arising from your failure to comply with the above requirements.
2. ACCESS TO THE SERVICES
2.1 License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use. You are permitted to access the Services on a mobile device under your control. You are responsible for ensuring your device meets the minimum requirements of the Services.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not transfer, host, or otherwise commercially exploit the Services, in whole or in part, or any Content displayed on the Services; (b) you shall not modify, make derivative works of, or disassemble any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; (d) except as expressly stated in these Terms, no part of the Services may be copied, reproduced, distributed, or displayed in any form or by any means; and (e) you shall not use the Services in any manner that infringes any third party’s copyrights or any other rights. Unless otherwise indicated, any future addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any Content displayed on the Services) must be retained on all copies thereof.
2.3 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Services and its content are owned by us or our suppliers. Neither these Terms (nor your access to the Services) transfers to you any such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. We, and our suppliers, reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. USER CONTENT
3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby certify that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License. You grant (and you certify that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to do anything we like with your User Content, and to grant sublicenses of these rights, solely for the purposes of including your User Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) (a) You agree not to use the Services to collect, transmit, or display any User Content (i) that violates any third-party right, including any intellectual property or proprietary right; (ii) that is unlawful, false, intentionally misleading, patently offensive, promotes hatred or physical harm of any kind, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload or transmit, to or through the Services, any computer viruses or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, spam, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to collect information regarding other users, including e-mail addresses, without their consent; (iv) disrupt or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), by any means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign all rights in such Feedback to us and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit any information or ideas to us that you consider to be confidential or proprietary.
4. INDEMNIFICATION. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS & ADS; OTHER USERS
5.1 Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users. Each user of the Services is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the nature of any User Content. Your interactions with other users of the Services are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user of the Services, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, right, obligation, and liability of every kind (including personal injuries, death, and property damage), that, directly or indirectly, has arisen or which arises out of, or that relates to, the Services (including any interactions with, or act or omission of, other users of the Services or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY
WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND OUR CONTROL AND JURISDICTION AND OUR SUPPLIERS. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESPITE ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, those provisions that, by their nature, are intended to survive the termination of these Terms shall survive the termination of these Terms, notwithstanding the cause of any such termination.
9. COPYRIGHT POLICY.
We respect the intellectual property of others and ask that users of our Services do the same. In connection with our Services, we have adopted a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the contact information contained in Section 10.7 hereof:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Services that you claim is infringing and that you request that we remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
10. CONFIDENTIAL INFORMATION.
You agree that you will not at any time make known to any third party (other than In-Formation, LLC or our affiliates), or use for any purpose other than the sole benefit of In-Formation, LLC, any Confidential Information (as defined below) of any kind used by us in connection with or as a part of the Services and made known to you (whether or not with our knowledge and permission, whether or not created in whole or in part by your efforts, and whether or not a matter of public knowledge unless as a result of authorized disclosure). You further agree to retain such Confidential Information in trust for the sole benefit of us and our successors and assigns. The terms of this section shall survive the termination of these Terms and of your use of/access to the Services.
For purposes of these Terms, “Confidential Information” means confidential or proprietary information of In-Formation, LLC including, without limitation, technical and engineering information, know-how, trade secrets, manufacturing processes, development processes, financial information, marketing and distribution information, referral source names and/or lists, patient names and/or lists, vendor names or lists business information, compilations, specifications, strategies, projections, processes, formulae, models and patent disclosures, product information, documentation of any nature, specifications, programs, data, policies, procedures, or other materials of any nature relating to any matter within the scope of the business or any anticipated business of In-Formation, LLC or concerning any of its dealings or affairs.
11. EXPORT.
You agree that the Services will not be shipped or exported into any country, or used in any manner, prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations (collectively, the “Export Laws”). If the Services, or any component thereof, is identified as an export-controlled item under the Export Laws, you certify that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Services. All rights to use the Services are granted on the condition that such rights are forfeited if your representations and warranties in this section are not true.
12. GENERAL
12.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may (but are not obligated to) notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering the notice described above to you, our sending of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our sending of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12.2 DISPUTE RESOLUTION. IF A DISPUTE ARISES FROM OR RELATES TO THESE TERMS OR THE BREACH THEREOF AND IF THE DISPUTE CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE DISPUTE BY MEDIATION BEFORE RESORTING TO ARBITRATION. THE PARTIES FURTHER AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
12.3 Disclosures. Our business address is located at the address in Section 12.7. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
12.4 Electronic Communications. Your communications with us use electronic means, either by virtue of your use of the Services or through email communications. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The terms of this section do not affect your non-waivable rights.
12.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the Services. Our failure to exercise any provision of these Terms shall not operate as a waiver of such provision. The section titles in these Terms are for convenience only and have no legal effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be unenforceable, the other provisions of these Terms will be unaffected and the unenforceable provision will be deemed modified so that it is enforceable to the maximum extent permitted by law. Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations under them, may not be transferred by you without our prior written consent, and any attempted transfer in violation of the previous sentence will be null and void. We may freely assign these Terms. These Terms shall be binding upon assignees.
12.6 Copyright/Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
12.7 Contact Information:
Attention: Business Manager
In-Formation, LLC:
1 Central Street #31
Norwood, MA 02062
Email: hello@in-formation.io