Knowledge Base

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OF THE DEFINITIVE AUTHENTIC™ SERVICES.

By using the Definitive Authentic™ application, website and service (hereby known as “Service(s)”), offered to you by Inveniem LLC, a duly formed Delaware Limited Liability Company (“Inveniem”, “we” or “us”), you are agreeing to be bound by the following Terms of Use ("Terms"). 

 By using these Services, you are entering into a binding agreement with us. To use these Services, all users must be either at least eighteen (18) years or older or thirteen (13) years or older with verifiable permission from your parent or legal guardian. If you fail to meet the aforementioned requirements at any time, then you shall immediately become ineligible and shall immediately be prohibited from using any Services and acknowledge and agree that you shall cease use of the same. If you are not yet 13 years of age, are between the ages of 13 and 17 but don’t have verifiable permission, or if for any reason you do not agree with any of these Terms, then you are not eligible to access or utilize the Services offered hereunder and are further instructed to immediately discontinue any use thereof.

These Terms work in conjunction with those other policies regarding the Services offered by us, including but without limitation, our Privacy Policy. We reserve the right to add any or update other policies that we deem reasonable, in our sole discretion, and such policies shall be published on the Service. We reserve the right to change, update or modify these Terms at any time and for any reason in our sole discretion, and a current copy of such Terms shall be posted on the Service. Once the revised Terms are posted, the changes contained therein become effective immediately upon such posting and your use of the Services after the updated Terms have become effective will signify your agreement to be bound to those updated Terms. We will use a “last modified” date at the end of the applicable policy to notify you when it was last updated.

INTRODUCTION

These Terms apply to and govern a user’s utilization of the Services we offer, as well any content or other materials (collectively “Content”) appearing on Definitive Authentic™. Any reference to the Content in these Terms shall include all other sites, URLs, software or applications and the contents thereof that are owned, operated, licensed, sub-licensed and/or controlled by us.

These Terms also apply to your use of any site created by, powered by or any Content introduced by any outside third-party which we decide to incorporate into any of our offerings. In order to become eligible to get access to or to utilize any such offerings you may be required to agree to and follow those additional terms and conditions which are applicable to the use of such third-party content, third-party website or service. It is up to you and your sole responsibility to check for and read-and-agree to any additional third-party website or service terms and conditions before using any third-party content, website or service and you agree to hold us harmless in connection therewith. In the event of any conflict between these Terms and any third-party content, website or service Terms and Conditions, these Terms shall control but only to the extent necessary to rectify such conflict. The remaining third-party Terms and Conditions which are not conflicting shall continue to control such third-party content, website or service.

Further, by accessing and/or using the Services, you are accepting these Terms (in their entirety and without any modification). If you do not completely agree to these Terms, then you are prohibited from using the Services in any manner whatsoever. Simply stated: you must agree to the Terms to use these Services. You agree to be bound to these Terms with respect to your use of the Services whether or not you decide to register an account or provide any information.

END USER AGREEMENT

By using the Services, you expressly agree that you shall respect our intellectual property rights as well as those of all third parties and any other persons or entities that may provide any materials or other Content to the Services or which you can access through the Services. In order to benefit from the Terms granted hereunder you agree to abide by all copyright and trademark notices as well as any restrictions contained in any content accessed through the Services. We reserve the right to terminate access granted hereunder for any reason, or no reason at all, at any time without any prior notice and reserve all intellectual property rights not expressly granted in these Terms in every respect.

Unless expressly allowed hereunder in writing, you shall not copy, perform, exploit or otherwise distribute any Content from the Services unless you are the actual owner of such Content or have express written permission from the owner of such Content (and provided that such permission can be verified to our reasonable satisfaction). In the case of the latter the user must make such written permission or proof of ownership available for review and confirmation by Inveniem on Inveniem’s written request. Except as expressly set forth herein, these Terms do not grant you or any other party any right, title or interest in the Services or any Content. Should you in any way copy, distribute or otherwise exploit any Content from the Services without being the actual owner of such Content or having the prior express written permission from the applicable rights holder then, in addition to our rights and remedies hereunder, you shall indemnify and hold us harmless with respect to any and all claims related to such exploitation of the aforementioned Content.

Reliance on Information Posted & Disclaimer

The materials contained within our Services are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from access to or reliance on the information on this site and to the fullest extent permitted by law, you hereby release us from all liability for loss or damages (whether direct or indirect) arising from your use of the Services.

NO GUARANTEE

In addition to any further disclaimers of warranty contained in these Terms or such other policies, we cannot guarantee and make no warranty or representation that the Services will be available at any given time or that we will even continue to offer the Services for any particular length of time. Not all features, products or Services offered are available to all Users or in all locations. We reserve the right, in our sole discretion, to limit the access to the Services to any user in any location. The Services may also periodically become unavailable due to maintenance (scheduled or otherwise), malfunction of equipment or for other reasons. Services are void where prohibited. We reserve the right to change and update the Services without notice to a user, including the right to refuse or limit a user’s request to access the Services, in whole or in part. You are solely responsible for compliance with applicable laws with respect to your use of the Services you have chosen to access.

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly disclaim any warranties or representations with respect to the Services and the Content, including, without limitation, fitness for any particular purpose.  To the fullest extent permitted by law you hereby waive any claims against us in connection with the Service.

SECURITY

It is your sole responsibility to maintain and protect the confidentiality of your account and password. You agree that you shall immediately notify us of any unauthorized use of your account or any other breach of security of which you are aware. We will not be liable for any loss that you may incur as a result of someone else using any applicable account or password, either with or without your knowledge. You may be held liable for losses incurred by us or any third party in the event that an unauthorized user gains access to or uses your account or password. A user may not use an account that is not registered to them.

THIRD PARTY SERVICES, APPLICATIONS AND PRODUCTS

We may use features that work with or exchange information with third-party applications. If such third-party applications cease to be available on reasonable terms or at all for inclusion on the Services, we may cease providing such third-party applications without entitling you to any refund, credit or other compensation or remedy. The Services may include or incorporate links to third-party websites or services, with or without notice. These third party websites and services are not owned, controlled or maintained by us. For that reason we cannot control your experience in such third-party websites or services and to that end you acknowledge and agree that you do so at your own risk. Any use of any third-party websites or services are governed explicitly by the applicable terms and conditions thereof and by using them you agree to comply with such applicable terms and conditions at all times. Notwithstanding anything to the contrary contained herein, we may modify or discontinue use of, or access to, any third-party websites or services, or any content or services available thereunder, at any time. We have no control over, and assume no responsibility for: (a) the content, services, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services; or (b) any agreement you enter into with third-party websites or services. We shall not be responsible or liable for any part of any such dealings whatsoever and you hereby hold us harmless in connection therewith. We make no representations or warranties, and to the fullest extent permitted by law disclaim any such warranties, that the policies, processes and procedures of these third party providers are in compliance with any particular standard or contain any specific safeguards required by a User. If you reasonably believe that any such third-party provider is breaching any of these Terms, then you must notify us of such breach and we will cooperate with you (acting diligently and reasonably and in good faith) to stop such breach and to prevent such breach from recurring in the future.

SOCIAL MEDIA & WEBLOGS

You can log in to the Services using sign-in services such as Facebook Connect, Google, or Apple ID, for example. The aforementioned sign-in services will authenticate your identity and provide you with the option to share certain personal information with us. The Services includes “Social Media Features” (i.e., Facebook Like® and Twitter® buttons) and “Widgets” (i.e., the “Share” button). These Social Media Features and Widgets may collect your internet protocol address, which page you are visiting on an application, and may set a cookie to enable the Social Media Features to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on the Services. Your interactions with these Social Media Features and Widgets are governed by the privacy policy of the company providing them and you hereby acknowledge the same and release us from any claims in connection therewith.

PROHIBITED USES

In order to use or access our offerings, you must agree not to use the Services for any purpose that is unlawful or prohibited. Such uses include, but are not limited to, the following:

• Use of the Services in any manner which could damage, disable, impair or affect the functionality of the Services
  
•  Use of the Services by any automated means including spiders, bots, web crawlers (focused, topical or other types), screen scrapers or similar data mining technologies with the Services, without respect to whether such use was by way or a registered account or otherwise;
  
• Framing or utilizing framing techniques to enclose any materials located within the Services without first obtaining express prior written permission from Inveniem, it being understood that such permission may be withheld in Inveniem’s sole discretion;
  
• Obtaining, or attempting to obtain, unauthorized access to the Services or other accounts, networks or sites connected to the Services, including any Content, materials or information contained therein;
  
• Decompiling, dissembling, reverse engineering, copying, creating derivative works or displaying (without express written consent) any of the Services or any software or code related thereto;
  
• Using any Inveniem or Definitive logo or plain word mark or other proprietary graphic or service/trademark as part of any link without first obtaining express prior written permission from Inveniem, it being understood that such permission may be withheld in Inveniem’s sole discretion;
  
• Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any part of the Services or any Content; and/or
  
• Using the Services for any illegal purpose or otherwise in a way not permitted under these Terms. We reserve the right, in our sole and absolute discretion, to immediately suspend or terminate your account for any violation of the above restrictions or these Terms.
  

NO WARRANTY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE RELIABILITY, AVAILABILITY, SUITABILITY, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, SOFTWARE, PRODUCTS (INCLUDING THOSE GOODS OFFERED FOR SALE OR PURCHASED VIA THE SERVICES), RELATED GRAPHICS OR THE ACCURACY OF ANY CONTENT CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE WHATSOEVER. ALL SERVICES, CONTENT, SOFTWARE, APPLICATIONS, INFORMATION, PRODUCTS, MATERIALS, RELATED GRAPHICS AND THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, ANY CONTENT, ASSOCIATED SOFTWARE, INFORMATION, PRODUCTS OR GOODS, AND MATERIALS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. THIS SECTION SHALL SURVIVE THE TERMINTATION OF THE AGREEMENT FORMED BETWEEN YOU AND US BY YOUR USE OF OR ACCESS TO THE SERVICE.

LIMITATION OF LIABILITY

YOU HEREBY AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THESERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, GOODS, OR RELATED GRAPHICS ACCESSED THROUGH THE SERVICES OR OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF YOU HAVE OR HAVE NOT BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A CERTAIN USER WHO RESIDES OR OPERATES FROM SUCH STATES AND/OR JURISDICTIONS. IN SUCH EVENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT OUR LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT EQUAL TO THOSE AMOUNTS PAID BY YOU TO US TO UTILIZE THE SERVICES OR ACCESS THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST US. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT ENTERED INTO BY USER AND INVENIEM.

 INDEMNIFICATION

In addition to any other indemnification obligations contained in these Terms, you further agree to defend, indemnify and hold us (including our respective officers, directors, employees, agents, successors, and assigns) harmless from any and all claims, demands, or damages (including reasonable attorneys’ fees) brought by any third party due to, or arising out of: (a) your violation of these Terms; (b) your use of or access to the Services (including any Content contained therein) and/or any other information, software, or products obtained by you on or through the Services; or (c) any infringement by you or any third party using the your account of any intellectual property or other right of any person or entity. This Section shall survive the termination of a user’s use of the Services.

ARBITRATION

Any contractual dispute or claim relating to your use of the Services will be resolved by binding arbitration, rather than in court. Any claim related to the Services must be brought within one (1) year after the date on which the claim arose. Any dispute arising from or relating to the subject matter hereof shall be settled by arbitration in Boston, Massachusetts in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators. The current version of the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. can be found here: https://www.jamsadr.com/rules-streamlined-arbitration/ provided that we have no control when such rules may change and it is your sole obligation to continuously check them. Any judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

JURISDICTION

You consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Boston, Massachusetts. Notwithstanding anything contained in the foregoing section or to the contrary contained herein, we may bring suit in any court to enjoin infringement or other misuse of any intellectual property rights.

Part of the Services are offered to our clients as a white label solution and, to that end, any copyright matters should be addressed to them. If you are a copyright owner or duly appointed representative of a rights holder and believe that any Content, information or material appearing with the Services infringes on your copyright, please visit our client’s copyright policy and submit a claim of copyright infringement.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or this Agreement (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.

MISCELLANEOUS

(a) The failure of either you or us to exercise any right provided for in these Terms shall not be deemed a waiver of any further rights contained herein.

(b) If any provision of these Terms is found to be unenforceable or invalid, such provision shall be eliminated or limited only to the minimum extent necessary and these Terms (including any remaining portion of the provision) shall otherwise remain in full force and effect.

(c) You agree that these Terms are the complete and final statement of the understanding between you and us regarding the use of the any Services and that this final statement supersedes any previous agreements (without regard to whether written and oral), communications or other understandings relating to the subject matter of the Services.

(d) Your use of the Service requires your agreeing to these Terms. Such agreement by you results in a binding agreement which is not assignable, transferable or sublicensable by you in any way unless we have given our prior consent, such consent to be withheld in our sole discretion. We may freely transfer and assign our rights and/or obligation under these Terms without your consent.

FORCE MAJEURE

Neither you or we will be liable by reason of any failure or delay in the performance of its obligations hereunder to the extent that it was due to any cause beyond the reasonable control of such party, including electrical outages, failure of Internet service providers, default due to Internet disruption, denial of service attacks, riots, insurrection, acts of terrorism, war, fires, floods, earthquakes, explosions, and other acts of nature.

HEADINGS

Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

NO AGENCY

No agency, partnership, joint venture, or employment relationship of any kind is created as a result of your agreeing to these Terms or using the Services offered by us or any third-party website or services which is accessed via the Services. You do not have any authority of any kind whatsoever to bind us in any way.

Links From Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our Services we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Other Countries

We control and operate the Services from our offices in the United States of America. We do not represent that materials of the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so at their own risk, and are responsible for compliance with the laws of that territory.

Our Site Changes Regularly

We aim to update our Services regularly, and may change the Content at any time. If the need arises, we may suspend access to our Services, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

UPDATES TO THESE TERMS

We reserve the right to continually make changes to and update these Terms. It is the sole responsibility of the User to regularly review these Terms and check back for any updates. By accessing the Service, a user continues to reaffirm its agreement to any updated Terms. Inveniem will use reasonable commercial efforts to provide reasonable advance notice of any material changes to these Terms. At any point in using the Services you do not agree to any of the updates or changes, then you must cease using the Services immediately.

Last Modified Date: August 2021