These Terms of Use (the "Terms" or these "Terms") govern the use of the website www.withvincent.com ("Website") operated by Vincent Labs, Inc. ("Vincent," "we," or "us"), as well as the use of any of the products, materials, information, or services that we provide through our Website (collectively, the "Service"). These Terms apply to any person who accesses or uses our Website or the Service (such person referred to hereafter as "you"). These Terms constitute a legally binding agreement between Vincent and you. Please carefully read these Terms, including our Privacy Policy, before you access our Website or use the Service. By accessing or using our Website or the Service, you acknowledge and agree to these Terms. If you do not agree with these Terms at any time, you must not use our Website or the Service.
These Terms may be updated or amended by us from time to time without notice to you by our posting a revised version of the Terms in the footer of our website at www.withvincent.com. Any changes will be effective prospectively as of the date when the updated Terms are posted. It is your responsibility to periodically review these Terms in case of any such updates or amendments. If you do not agree to any updates or amendments, you must not continue to use our Website or the Service.
To the fullest extent permitted by law, any dispute or claim related to these Terms, or arising out of your access to or use of our Website or the Service, must be resolved by arbitration on an individual basis and may not be arbitrated or otherwise pursued as a class action. Please see the "Dispute Resolution; Class Action Waiver" section below.
We, along with our corporate affiliates and other licensors, own all of the text, information, data, materials, graphics, images, software, trademarks, service marks, and other material and content contained on our Website, except User Content (collectively, "Content"), and in the Service. Our Website, the Service, and all Content are protected by copyright owned by Vincent or licensed from applicable copyright owners. You agree not to engage in the use, copying, downloading, uploading, printing, displaying, reproduction, publication, modification, transmission, or distribution of any of our Website, the Service, or Content, other than as expressly permitted by these Terms or a separate agreement between you and us.
All trademarks, service marks, logos, and trade names on our Website and the Service, registered and unregistered, are proprietary to Vincent or to other applicable third parties. You may not reproduce, display, or otherwise use any such trademarks, service marks, logos, or trade names without the prior written consent of Vincent or the appropriate owner thereof. All design rights, compilation rights, and similar intellectual property rights in and to our Website and the Service, whether registered or unregistered, and related goodwill are owned exclusively by and are proprietary to Vincent or our licensors.
If you are copying, reproducing, transmitting, or distributing any of the Content for your personal, non-commercial use, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable license to access and use the publicly available portions of our Website, the Service, and the Content therein, solely for lawful purposes and subject to your compliance with these Terms. All copyright, trademark, and other proprietary rights notices contained in our Website, the Service, or Content must appear on all copies you print. Other non-Vincent product, service, or company designations, if any, on our Website or contained in the Service belong to those respective third parties and may be mentioned in our Website or the Service for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to our Website or the Service does not grant you any license or right to use any of the marks included on our Website or included in the Service.
You acknowledge that your license to our Website and the Service does not extend to any source code of any kind.
All rights not expressly granted to you in these Terms or in any agreement between you and us separate from these Terms are hereby reserved by Vincent.
We reserve the right to modify or discontinue our Website or the Service, in whole or in part, at any time without providing notice to you.
The Content may contain typographical errors or other errors, inaccuracies, or deficiencies and may not be complete, accurate, or up to date. We reserve the right to correct any error, deficiency, omission, or inaccuracy in any Content or otherwise on our Website at any time, but we do not guarantee that any such errors, deficiencies, omissions, or inaccuracies will be corrected.
Our Website may contain links to other websites or applications maintained by third parties (each a "Third-Party Site") that we do not operate or control and for which we are not responsible. If you visit any Third-Party Site, you may be subject to that Third-Party Site’s terms and conditions, privacy policy, or other policies, and any applicable local law, including any obligations relating to security, copyright, defamation, decency, secrecy, privacy, or export laws related to access to or use of such Third-Party Site and any content therein. You agree not to create a link from any website, including any website controlled by you, to our Website.
All hyperlinks provided on our Website to Third-Party Sites are provided "AS IS." We provide these links to Third-Party Sites for your reference and convenience and do not endorse or necessarily agree with, sponsor, or make any edits to the content on such Third-Party Sites. You acknowledge and agree that Vincent shall not be responsible for any content, products, services, advertising, information, availability, or use of any information or other content offered on any Third-Party Site. In no event shall Vincent be directly or indirectly liable to anyone for any losses or damages in connection with the creation or use of any Third-Party Site or any information or content accessed through any Third-Party Site.
We reserve the right to add, modify, remove, or decline, without providing notice, any features or links to any Third-Party Site from our Website, or to introduce different features, functionality, or links to different users of our Website.
You may only use our Website and the Service if you are of sufficient legal age and can enter into binding contracts. As a condition of accessing or using our Website or the Service, you agree to follow all these Terms and all applicable laws, rules, and regulations, and to provide us with only truthful, complete, and accurate information. In addition, you are prohibited from doing any of the following:
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all components of our Website. You further agree not to:
If you believe any of the Content on our Website violates your copyright, please notify our copyright agent who can be reached at legal@withvincent.com or Legal Team, Copyright Enforcement, Vincent Labs, Inc., 160 Varick Street, 3rd Floor, New York, NY 10013. In order for us to take action, please include the following information in your notice:
We collect information about you through our Website. By using our Website or the Service, you consent to the collection, processing, and storage of your personal information as described in our Privacy Policy, available at https:/www.withincent.com/privacy. Our Privacy Policy is incorporated into and made a part of these Terms by this reference.
Our Website, the Content, and Service are provided on an "as is" and "as available" basis. Vincent expressly disclaims — to the fullest extent permissible — all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
Without limiting the foregoing, neither Vincent nor any of Vincent’s providers makes any representation or warranty of any kind, express or implied:
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
To the fullest extent permitted under applicable law, you acknowledge and agree that you are personally responsible for your actions when you use our Website or the Service. You agree to defend, indemnify, and hold harmless Vincent and our affiliates, as well as our and their respective successors, assigns, directors, officers, representatives, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, penalties, fees, or expenses of any kind (including, without limitation, attorneys’ fees) that may be incurred, directly or indirectly, in connection with your access to or use of our Website or the Content, or the Service, your violation of any of these terms, or your violation of any third party rights, or your violation of any applicable law.
Certainly! Here's the text with the points ordered numerically:
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the full extent permitted by applicable law, hereby expressly exclude and disclaim, and we shall not be liable for, any responsibility and liability for:
Your sole and exclusive remedy if you are dissatisfied with the Website, any Content, or the Service is to discontinue your use of the Website, any such Content, or the Service. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
Our Website and the Service are intended only for persons who are U.S. citizens or other lawful residents of the United States of America, including any of its territories or possessions (collectively, the “U.S.”), and who are located in the U.S. We do not intend to and do not offer the Services outside the U.S. We control and operate our Website and the Service from our offices in the U.S., and all information in connection therewith is processed within the U.S. We do not represent that any material on our Website is appropriate or available for use in locations other than the U.S. Those who choose to access our Website from outside the U.S. do so voluntarily and are responsible for compliance with their local laws.
Our Website may contain reviews or other forums in which you can post content. If you use said interactive areas on the Website, you are solely responsible for the content, including, without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the "User Content"), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content, and you understand that the User Content may be publicly displayed.
If you post User Content to the Website, you represent that:
When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes. You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the Website.
By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect.
You further acknowledge that we do not control the User Content and will not be, in anyway, responsible or liable for such User Content. We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any user, including yours, on our Website. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity users may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from our Website at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of users or to mitigate any risk of harm or liability to us or any user. Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on our Website that:
Any claim, dispute or cause of action arising from these Terms or any use of our Website, any Content or the Service (“Dispute”) shall be governed and construed in accordance with the laws of the State of New York, without reference to any conflicts of law provisions therein.
Your agreement to arbitrate your claims. you should carefully review this section 14. to the extent permitted by applicable law, you acknowledge and agree to give up your right to go to court to assert or defend your rights except for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. your rights will be determined by a neutral arbitrator and not a judge or jury. you are entitled to a fair hearing but the arbitration procedures may be simpler and more limited than rules applicable in court. an arbitrator’s decision is as enforceable as any court order and is subject to a very limited review by a court. you expressly agree to this section 14 as a condition of accessing or using our website, any content, or the service.
Informal Dispute Procedures: If you have any disputes with Vincent or concerning these Terms, we encourage you to first contact us at legal@withvincent.com in an attempt to resolve the issue informally.
Arbitration: In the unlikely event that we are unable to resolve any dispute you bring to our attention after sixty (60) days, and for any other dispute we raise, you and Vincent agree that, except where prohibited by law, all disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS. The arbitration will be conducted before a single arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”).
For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may visit the JAMS website at www.jamsadr.com.
No Class Actions or Class-Wide Relief: In navigating any dispute under these terms, both you and Vincent agree to the following arbitration provisions:
Survival: This Section 14, titled "Dispute Resolution; Class Action Waiver," will survive the termination of these Terms or the termination of your right to access or use our Website or the Service for any and all Disputes you have relating in any way to the use of our Website or the Service. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
You acknowledge and agree that your use of our Website or the Service does not create any joint venture, partnership, employment, or agency relationship between you and Vincent.
Any failure of Vincent to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision.
All headings provided in these Terms are for convenience only and shall not affect the interpretation of these Terms.
These Terms, along with any rights and licenses granted hereunder, may not be transferred or assigned by you. Any assignment or transfer by you shall be null and void. Vincent may assign these Terms without restriction. These Terms shall inure to the benefit of and be binding upon Vincent’s successors and assigns.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or inapplicable, Vincent and you nevertheless agree that the court or arbitrator should endeavor to give effect to our intentions as reflected in the provision. The other provisions of these Terms remain in full force and effect.
If any term or provision of these Terms is declared unlawful, void, or unenforceable for any reason by any court or arbitrator in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction. It will not affect the validity and enforceability of such remaining terms or provisions in these Terms.
These Terms, including the Privacy Policy, constitute the entire agreement between you and Vincent with respect to your access or use of our Website or the Service. They supersede any prior agreements or understandings between you and Vincent.
We may terminate this agreement with you under these Terms at any time by notifying you in writing (which may be via email) and/or by restricting your access to our Website.
Notices to you by Vincent may be made via any of the following methods: in-app messaging through our mobile app, email, or regular mail. Also, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices on our Website.
These Terms may have been translated if made available to you on our Website. You agree that the original English text shall prevail in the case of a Dispute.
Google Play and the Google Play logo are trademarks of Google Inc. Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc. Our Website is operated by Vincent Labs, Inc.
We encourage you to share your comments and questions, but please be aware that we may not be able to respond to all of them. It's important to note that we assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas, and we will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Vincent products or services. Additionally, you are responsible for the material you submit, including its reliability, originality, and copyright. Please refrain from revealing trade secrets or other confidential information in your messages.
Any and all rights to materials submitted to us become the exclusive property of Vincent. By submitting feedback, you grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part), and distribute the feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
If you have any questions about these Terms, our Privacy Policy, the Service, or our Website, please contact us at help@withvincent.com.
This communication is for informational purposes only and is limited to the dissemination of general information pertaining to alternative investment assets. Any information is current as of the date indicated and is subject to change without notice. Nothing contained herein should be considered an offer, solicitation of an offer, or personalized investment advice, to buy or sell securities or investment products, or recommendation to adopt any investment strategy by Vincent. Nothing contained herein constitutes investment, legal, tax, or other advice nor is it to be relied on in making an investment or other decision. You should consult with your own professional advisors regarding the financial, legal, and tax consequences of any investment.
Investing in alternative assets is inherently risky and illiquid. It involves a high degree of risk and carries the potential for significant loss of principal, and in certain scenarios, investors may suffer a complete loss of principal. Such investment is suitable only for sophisticated and qualified investors. Asset allocation/diversification does not guarantee a profit or protect against a loss. Past performance is no guarantee of future results. Any historical returns, expected returns, or probability projections are hypothetical in nature and may not reflect actual future performance.
No purchase is necessary to earn rewards. Rewards are currently only available to U.S. readers.
Referrals must be valid and confirmed by Vincent to count toward your rewards. Vincent reserves the right to disqualify referrals deemed fraudulent in its sole discretion. Subscribers referring fake emails will be disqualified at the sole discretion of Vincent.
This promotion is subject to all applicable federal, state, and local laws and regulations. Vincent and its agents, affiliates, and advertising and promotion agencies (a) make no warranty, guaranty, or representation of any kind concerning the rewards, (b) disclaim any implied warranty, and (c) are not responsible or liable for damage, loss, or injury resulting from acceptance and use of any reward. Subscribers assume liability for injuries or damages caused by participating in the promotion, or by the acceptance, possession, or use of any reward. By participating, all subscribers agree to release, indemnify, and hold harmless Vincent and its affiliates from any claim, injury, damage, liability, or loss that may occur.
Vincent reserves the right, at its sole discretion, to cancel/suspend/modify the promotion if it becomes corrupted in any manner such that it cannot be conducted as originally planned. Vincent is not responsible for any typographical or other error in the printing, offering, or announcement of any rewards/offers or in the administration of this promotion.
This promotion will be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
