Last modified: July 24, 2024

Terms and Conditions of Use

Welcome to our Website or app (referred to as “Website”), the internet Website portal of the Website for services. As is true for many other Websites providing online services, the Website portal has rules that apply to your use of this Website and your use of a credit card to pay for any services available through this Website. Those rules are referred to as "terms and conditions of use," and are set forth in this Terms and Conditions of Use agreement between you and Vindasius, LLC By creating an account, using a credit card to pay for services, and/or checking the box agreeing to these Terms and Conditions of Use, (or by clicking the "I Agree" button), you are agreeing to comply with and be bound by the following Terms and Conditions of Use. You must accept these Terms and Conditions of Use if you wish to use the online services provided by the Website portal, and you must accept the Terms and Conditions of Use "as is" without any changes (no additions or deletions are permissible). This Website is owned by the Vindasius, LLC  

Who may use the Online Services? You may use the online services of this Website if you are a person that has reached the age of majority, can form a binding contract with the State of California, and are not a person barred in California or the United States of America or other applicable jurisdiction, including the country in which you reside or from where you use the Website portal, from doing business or receiving services in California. If you are accepting these Terms and Conditions of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Fees and Payment Methods. In accordance with California law, Vindasius, LLC has adopted specific electronic services with associated fees. Users of this Website for online services must pay all required fees as determined by the agreement entered into.  

Refund Policy. All fees paid to Vindasius, LLC for transactions and Uniform Commercial Code transactions are nonrefundable. In the event of an overpayment or rare circumstance of an erroneous charge, a written request for the return of the overpayment or erroneous charge must be made to company at cindy@vindasius.com with subject line “Request for Overpayment or Erroneous Charge”. The written request must include information about the overpayment or erroneous charge, including the date of the credit card transaction, the type of credit card used (e.g. Visa or MasterCard) and a copy of the payment acknowledgement/receipt issued by the Vindasius, LLC, or other documentation showing the transaction details and charge, and contact information for the person requesting a refund. The refund request will be reviewed in order to determine if a refund is warranted. No cash refunds will be issued. You should allow 4-6 weeks for a response.

Availability of the Website. This Website may be unavailable from time to time due to routine maintenance requirements. Vindasius, LLC does not guarantee specific hours of availability.

Privacy. We may collect information that you provide directly to us, such as your name, email address, postal address, payment information, and any communications with other users within the Website, as allowed by law. We also automatically collect information about your device and how you interact with our app, including IP addresses, device identifiers, and usage data, as allowed by law. Your information is used to facilitate transactions and communications on the Website, provide customer support, improve our app, and comply with legal obligations. We may also use your information for marketing purposes, in accordance with your preferences. We share information with other users as necessary for transaction purposes. We may also share your information with our service providers who assist us in providing services (e.g., payment processors), as well as in response to legal requests or to protect our rights.

Privacy Policy for California Residents. See Privacy Policy.

Security. Vindasius, LLC as managers of this Website, have taken steps to safeguard the integrity of the telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of the operating environment as part of the continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof the security of information provided via the Vindasius, LLC supported Website. All provisions and penalties as described in California Penal Code section 502 shall apply to this Terms and Conditions of Use. User's should ensure that the computer and software used to access the Website, including the Internet browser software, are up to date with all security patches and software, hardware and firmware updates and should ensure that up-to-date anti-virus and anti-malware software is used when accessing the online services provided by the Website portal.

Your Use Obligations. You are responsible for all activities undertaken by you using any services provided by Vindasius, LLC All such activities are at your own risk. You shall not use, nor permit others to use, this Website in a manner or for a purpose contrary to these Terms and Conditions of Use. If using a customer account or login, you are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify Vindasius, LLC of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Website, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Website. You will not post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

Prohibited Uses. The user of this Website is prohibited from using the Website in any way to:

• Restrict or inhibit another user from using and enjoying the Website;

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;

• Post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over);

• Access another person's or entity's account information without the permission of that person or entity;

• Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder;

• Upload, post, or otherwise transmit any information, software, or other material that contains a "deep link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of this Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not made purposely available through the Website; (Vindasius, LLC reserves the right to bar such activity;

• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;

• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;

• Reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Vindasius, LLC, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;

• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Vindasius, LLC’s systems or networks, or any systems or networks connected to the Website;

• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to on or through the Website or any service offered on or through the Website;

• Use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Vindasius, LLC  or others;

• Upload, post, or otherwise transmit any information, software, or other material that contains a virus, worm, time bomb, trap door, or any other harmful component that is designed to interrupt, destroy, impair, or limit the functionality or interfere in the performance of the products and services of Vindasius, LLC;

• Post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;

• Post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes;

• Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes, or plan or participate in scams involving other users;

• Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity including, but not limited to, Vindasius, LLC or its employees;

• Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any proprietary software deployed in connection with Vindasius, LLC’s products and services;

• Use the Website to collect personally identifying information about users of the Website in violation of Vindasius, LLC’s Privacy Policy; or

• Perform any activities that Vindasius, LLC determines (in its sole discretion) may be harmful to Vindasius, LLC, the Website, or other users of the Website.

Right to Change the Website and Services Provided. Vindasius, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services provided through this Website (or any part thereof) with or without notice. Vindasius, LLC also may discontinue, edit, delete or change any aspect of the Website, including, but not limited to: (i) restricting availability times; (ii) restricting compatibility with certain computer software or hardware; (iii) restricting amounts of use permitted; and (iv) restricting, suspending, or terminating any user's right to use the Website, at the Vindasius, LLC's sole discretion and without prior notice or liability. You agree that Vindasius, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of such services.

Intellectual Property Rights. The content organization, graphics, design, computer code, compilation, and other materials on or related to the Website are protected under applicable copyright, trademark, and other proprietary and intellectual property rights of their respective owners. There is no restriction placed on the use of such data by Vindasius, LLC although certain information and names contained in the data may be owned by third parties and may be protected under applicable copyright, trademark, and other proprietary and intellectual property rights of those third parties. The names, the logos, and other names for the Website online products and services are Vindasius, LLC’s. Other product and company names mentioned on the Website may be trademarks/service marks of their respective owners. You do not acquire ownership rights to any content, document, or other materials viewed or created through the Website or obtained from the Website.

Limitation of Liability. Vindasius, LLC attempts to maintain the highest accuracy of content on its Website. Any errors or omissions should be reported for investigation Vindasius, LLC makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Website and expressly disclaims liability for errors and omissions in the contents of this Website.

NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE CONTENTS OF THIS WEBSITE OR ITS HYPERLINKS TO OTHER INTERNET RESOURCES. REFERENCE IN THIS WEBSITE TO ANY SPECIFIC COMMERCIAL PRODUCTS, PROCESSES, OR SERVICES, OR THE USE OF ANY TRADE, FIRM, OR CORPORATION NAME IS FOR THE INFORMATION AND CONVENIENCE OF THE PUBLIC, AND DOES NOT CONSTITUTE ENDORSEMENT, RECOMMENDATION, OR FAVORING BY VINDASIUS, LLC  OR AGENTS. THIS TERMS AND CONDITIONS OF USE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE.

VINDASIUS, LLC  WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINDASIUS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SYSTEMS OR ANY SERVICES RELATING TO THE ONLINE ELECTRONIC SYSTEMS.

Indemnification. You agree to defend, indemnify, and hold harmless Vindasius, LLC, their affiliates, and their respective, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Website; (c) any violation by you of this Terms and Conditions of Use agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Website, including information obtained through the Website. Indemnification by a federal, state, or local governmental unit is only to the extent allowed by law.

Disclaimer. Every attempt has been made to ensure that the information contained on the Website is accurate at the time of publication. However, due to the possibility of human or mechanical error and other factors, the Vindasius, LLC office will not be responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information. Any person or entity who relies on any information obtained from the Website does so at his, her or its own risk.

Links to Other Websites. Vindasius, LLC portal may have links to Websites we feel might be useful to you and which may provide services. When you link to another Website, you are no longer on our Website and are subject to the privacy and use policies of the new Website. These Websites are neither controlled, sponsored nor endorsed by the Website. Vindasius, LLC takes no responsibility for the views, content or accuracy of any such linked information. It is the responsibility of the user to evaluate the content, quality, and accuracy of materials or information obtained from such sites. All such information is provided "as is." Information received via the Website should not be construed as legal, tax or financial advice; an appropriate professional should be consulted regarding your particular situation.

Monitoring. Vindasius, LLC has no obligation to monitor this Website, however, Vindasius, LLC reserves the right to, and may, from time to time, monitor any and all information transmitted or received through the Website, to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Unauthorized attempts to modify any information stored on this Website, to defeat or circumvent security features, or to utilize this Website for other than the intended purposes are prohibited and may result in criminal prosecution.

Minors. Children are not eligible to use Website services that require submission of personal information, including those requiring payments by credit card, and we prohibit minors (under the age of 18) from submitting any personal information to us. This prohibition includes submitting personal information on the Website as part of a user profile or personalization profile. If you have agreed to allow your minor child, or a child for whom you are the parent or legal guardian (a "Minor"), to use the Website, you the parent or legal guardian agree that you shall be solely responsible for: (a) all online conduct of such Minor; (b) monitoring such Minor's access to and use of the Website; and (c) the consequences of any use of the Website by such Minor, including being responsible for payments for any applicable fees.

Infringement Policy. Vindasius, LLC respects the intellectual property of others, and asks you to do the same. Vindasius, LLC reserves the right, but not the obligation, to terminate your use of the Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

Miscellaneous. This Terms and Conditions of Use agreement is the entire agreement between you and the Vindasius, LLC  and shall be treated as though it were executed and performed in Santa Clara, County, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). The language in this Terms and Conditions of Use agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Terms and Conditions of Use agreement shall be brought solely in Santa Clara County, California. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Terms and Conditions of Use agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Terms and Conditions of Use agreement, this Terms and Conditions of Use agreement shall take precedence. Vindasius, LLC’s delay or failure to enforce any provision of this Terms and Conditions of Use agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Terms and Conditions of Use agreement are used for convenience only and are not to be considered in construing or interpreting this Terms and Conditions of Use agreement.