Terms of Use

Please read these Terms of Use carefully before you start to use this website.  By using IU Ventures’ (“we,” “us,” “our”) [www.iuventures.com] website (the “Site”), you agree to be bound by all terms, conditions, and notices contained or referenced herein (the “Terms”).  We reserve the right to change these Terms by posting revisions to the Site at any time.  Your continued use of the Site indicates your agreement to any revised terms.  Accordingly, we urge you to review these Terms at the start of each use of the Site.  If you do not agree to these Terms, do not access or use the Site.

License and User Conduct

IU Ventures grants you a limited license to access and make personal use of the Site.  However, you may not download or modify the Site, or any portion of the Site, except with express written consent of IU Ventures.  The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IU Ventures.  Any unauthorized use of the Site shall automatically terminate the license granted to you by IU Ventures for such use.

You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Site.  You agree that IU Ventures may terminate your use of the Site in IU Ventures’ sole discretion for any reason.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.  You agree to immediately notify IU Ventures of any unauthorized use of your account, or any other breach of security of which you become aware.  If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian.  IU Ventures reserves the right to refuse service, remove or edit content, or cancel service requests in its sole discretion.

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of IU Ventures.  IU Ventures has no obligation to monitor the Site; however, you acknowledge and agree that IU Ventures has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

You shall be solely responsible for your actions and the contents of your transmissions to the Site.  You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

Intellectual Property

You acknowledge that materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights (“Intellectual Property”) and are owned by IU Ventures or are used by permission.  You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, or patent notices therein.  No right, title, or interest in any downloaded or printed materials is transferred to you.  Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site.  You may only use the materials and the Intellectual Property on the Site as expressly permitted in these Terms and for no other purpose.  If you submit comments, suggestions, ideas, or other communications to IU Ventures (“Submissions”), your submission shall constitute an unrestricted worldwide license for IU Ventures to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you.  Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.

Links

The Site may contain links to other external websites.  The links are provided “as is.”  You should be aware that you use them at your own risk.  IU Ventures does not endorse, and IU Ventures is not liable for, any content, products, services, software, or other materials available on such other websites, even if a page or pages of the other websites are framed within a page of the Site.  IU Ventures is not responsible for the privacy practices or the content of other websites.  For your protection, please refer to the terms of service and privacy policies of those respective websites.  You acknowledge, understand, and agree that IU Ventures shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites.  IU Ventures shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon.

Payments and Billing

We use a third-party payment processor (the “Payment Processor”) to process any payments made through the Site.  The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.  IU Ventures is not responsible for error by the Payment Processor.  By making payments through the Site, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such payment processing in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).  You agree to make payment using that selected Payment Method.  We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.  If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.

Correction of Errors and Inaccuracies; Limitations on Services

The information on the Site may contain typographical errors or inaccuracies, and may not be complete or current.  IU Ventures therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability.  IU Ventures also reserves the right to limit the scope of services (including after you have submitted your request).  IU Ventures apologizes for any inconvenience this may cause you.

Prohibited Activities

You may use the Site only for lawful activities and in accordance with these Terms.  The following is a partial list of prohibited activities on or through the Site: (1) using a robot, spider, script, automated process, or manual process to “scrape” the Site’s listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on IU Ventures’ hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble, or otherwise obtain the source code to the Site; (4) engaging in or promoting any illegal activities; (5) engaging in any activity that markets another business or attracts IU Ventures customers to a third party; and (6) otherwise attempt to interfere with the proper working of the Site.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that any files available for download from the internet or the Site 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 the Site for any reconstruction of any lost data. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  IU VENTURES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.  INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND IU VENTURES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. 

IU VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.  YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.  NEITHER IU VENTURES, NOR ANY OF IU VENTURES’ EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “IU VENTURES ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF IU VENTURES OR AN IU VENTURES ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. 

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH IU VENTURES IS TO STOP USING THE SITE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT IU VENTURES’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO IU VENTURES IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM. 

THE SITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY IU VENTURES FROM ITS OFFICES WITHIN THE UNITED STATES.  IU VENTURES MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.  IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND IU VENTURES ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN IU VENTURES AND YOU.

Indemnification

You agree to defend, indemnify, and hold IU Ventures and all IU Ventures Associates harmless from all liabilities, claims, and expenses, including attorneys’ fees, which may arise from your use or misuse of the Site or the content therein.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Privacy Policy

IU Ventures respects and is committed to your privacy.  Please review our Privacy Policy, which also governs your use of the Site, to understand IU Ventures’ practices.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Notices

Where required, IU Ventures may give notice to you by a general posting in the Site, by electronic mail, or by conventional mail to your address of record.  You may give notice to IU Ventures by electronic mail or by conventional mail to the address below.  If you have any questions about these Terms, the practices of the Site, or your dealings with IU Ventures, please e-mail or write to:

Attn:  IU Ventures

518 Indiana Avenue

Indianapolis, IN 46202

www.iuventures.com

IU Ventures welcomes your questions and comments.

Miscellaneous

The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder.  The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms. 

IU Ventures may revise these Terms from time to time.  You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound.  The Site is provided for lawful purposes only.  You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress, or undue influence exercised upon you by any person or entity.  You acknowledge and agree that the Site is for your personal and non-commercial use.

IU Ventures shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.  These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and IU Ventures regarding your relationship with IU Ventures and your use of the Site.  These Terms supersede all previous written or oral agreements between you and IU Ventures with respect to such subject matter.  Notwithstanding any provision of these Terms, IU Ventures has available all remedies at law or equity to enforce these Terms.

Last updated:  June 13, 2019