Terms & Conditions
InvestSC Terms of Use
Last updated: May 10th, 2024
Please read these Terms carefully before using any InvestSC Website or Service.
General
These Terms of Use (“Terms”) govern your use of www.investsc.com (the “Website”), any services provided to Registered Users (the “Services”), and your relationship with InvestSC or any of its subsidiaries or affiliates (collectively, “InvestSC,” “we,” or “our”) that links to these Terms. These Terms constitute a legally binding agreement between you and InvestSC regarding your use of the Website and Services. These Terms do not apply to your use of any third-party website or any website, product, or service operated by an InvestSC affiliate or subsidiary that has a separate terms of use.
InvestSC may modify these Terms at any time without notice, except where required by law. Any modified Terms will become effective immediately after they are posted. By continuing to use the Website or the Services after a modification, you will be deemed to have consented to any changes in these Terms.
InvestSC neither provides services for use by anyone under the age of eighteen nor do we intend for this Website to be used by anyone under the age of eighteen. You must be eighteen (18) years of age or older to use the Website and register for the Services. Each time you access the Website or the Services for any purpose, you shall be deemed to represent, warrant, and covenant to InvestSC that you: (a) are at least eighteen (18) years of age; (b) are not located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions; (c) are not on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list; and - if you are a Registered User - (d) are familiar with, and willing to, accept the risks associated with private investments.
These Terms contain an Arbitration Section that requires you and InvestSC to pursue any disputes in individual arbitration and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Arbitration and Class Action Waiver Section for more information.
Certain services may contain separate terms and conditions which may be memorialized in writing and which are in addition to these Terms. By accessing such services, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those services. You may be asked to execute supplemental agreements before you are permitted to access or use certain features or functionality (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to you online, you authorize InvestSC to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such Supplemental Agreements. These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.
Privacy
Only users who create a unique username and password (“Registered Users”) may access the Services portion of the Website. Registered Users may be required to provide a full name, mailing address, email address, telephone number, and other personal information. All personal information provided to the Website and its use are subject to the InvestSC Privacy Policy. You are responsible for keeping your Registered User username, password, and other account information secure and for ensuring no unauthorized users access your Registered User account. If you suspect unauthorized access to a Registered User account, notify InvestSC immediately. You are liable for all actions taken by your Registered User account, whether through authorized or unauthorized access. INVESTSC IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT RESULT FROM ANY UNAUTHORIZED USE OF A REGISTERED USER ACCOUNT.
Intellectual Property
The InvestSC name, service marks, URLs and domain names, and any other trademarks, registered or not (collectively, “Marks”), appearing on the Website or the Services are the property of InvestSC and/or its third-party service providers. Text, images, graphics, video clips, audio clips, software applications and code, and user interface design (the “Content”), are the intellectual property of InvestSC and/or its third-party service providers. All information, material, and content accessible on or generated by the Website or the Services are the intellectual property of InvestSC and/or its third-party service providers and are protected by United States and foreign trademark, copyright, trade secret, patent, and other intellectual property laws.
InvestSC grants you a personal, noncommercial, nontransferable, nonexclusive, limited, royalty-free, revocable license during the term of these Terms to use the Website and Services strictly as set forth in these Terms and in any Supplemental Agreement. InvestSC reserves the right, in its sole discretion, to deny you access to the Website or the Services, or any portion thereof, without notice and without reason. You interact with the Website and Services solely on your own discretion and at your own risk. If you breach these Terms, your license to use the Website and Services shall immediately and automatically terminate.
Submission of Entrepreneur Information and Communications
Some parts of the Website allow Registered Users to submit business information (“Entrepreneur Information”). By submitting Entrepreneur Information to the Website, you represent that you have all permissions and rights necessary to upload your Entrepreneur Information. InvestSC may, in its sole discretion, remove any Entrepreneur Information at any time for any or no reason. InvestSC is not responsible for Entrepreneur Information other users submit to or post on the Website.
You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to InvestSC via the Website or the Services, including feedback, data, questions, comments, reviews, product or service ideas, know-how, or suggestions (collectively, “Communication”), will not be considered confidential or proprietary, even if the Communication is labeled “Confidential” or “Proprietary.”
InvestSC reserves the right to screen, monitor, and remove Entrepreneur Information and Communications, at any time and at its sole discretion, but has no obligation to do so.
InvestSC is under no obligation to become involved in any user dispute, but may do so at its own discretion. By submitting Entrepreneur Information and Communications to InvestSC, you understand that you irrevocably assign to InvestSC all worldwide rights, title, and interest in and to that Entrepreneur Information and Communication, subject to terms of any applicable Supplemental Agreement. InvestSC may, for any purpose whatsoever, subject to any applicable Supplemental Agreement, reproduce, use, create derivative works, disclose, assign, and distribute Entrepreneur Information and Communications to others without limitation or liability. InvestSC may use any ideas, concepts, know-how or techniques in the Entrepreneur Information and Communications for any purpose whatsoever, including, but not limited to, developing and marketing products or services that incorporate or otherwise embody Entrepreneur Information and Communications, without providing any notice, compensation, or attribution to you.
Notice of Copyright Infringement
If you are a copyright owner and believe that your work has been copied and posted on the Website or the Services in a way that constitutes copyright infringement, please provide InvestSC with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Website or the Services; (iv) your name, address, telephone number, and email address; (v) a written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on InvestSC actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
InvestSC
Attn: President
1201 Main St., Suite 1600
Columbia, SC 29201
If you wish to make any use of Content other than as authorized in this section, please contact InvestSC at the following email address: wcruz@investsc.net.
Acceptable Use
You may use the Website and Services only for lawful purposes in accordance with these Terms. You may print out a copy of the Content only for your own personal, noncommercial purposes.
Access to and use of password protected and/or secure areas of the Website are restricted to Registered Users only. Unauthorized persons attempting to access these areas of the Website may be subject to legal action.
Conditional Use
You agree not to engage in any of the following during your use of the Website or the Services without InvestSC’s express written permission, which may be withheld in InvestSC’s sole discretion:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Website or any portion of the Website, other than via software that sends queries to the Website to index or rank a website for search and location purposes;
- Link to InvestSC’s homepage, provided you do so in a way that is fair and legal and does not damage InvestSC’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on InvestSC’s part;
- Reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose, any portion of the Website, Services, or other Content;
- Frame or mirror the Website;
- Engage in actions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including, but not limited to, use of InvestSC’s intellectual property, name, or logo, including use of InvestSC’s trade or service marks, or in a manner that otherwise harms InvestSC’s brand; or
- Modify, obstruct, alter, remove, or otherwise interfere with any of the Marks and Content on the Website or the Services.
Prohibited Use
You agree not to engage in any of the following during your use of the Website or the Services:
- Violate any intellectual property rights, federal, state, local or international law, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers;
- Use or attempt to use the Website for the benefit of other persons or for purposes other than permitted in any Supplemental Agreement;
- Remove any Mark or other proprietary right notice;
- Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the Services;
- Perform any action that implies an untrue endorsement by or affiliation with InvestSC, including impersonation of an InvestSC employee, representative, or another user or person;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or the Services;
- Post or transmit anything that is obscene, defamatory, dangerous, threatening, harassing, abusive, hateful, invasive, or embarrassing, as determined by InvestSC in its sole discretion;
- Post or transmit anything that encourages another user to breach these Terms;
- Post or transmit any personal information or commercial content that is not your own or that you do not have a legal right to;
- Attempt to advertise, solicit, or otherwise encourage the collection or posting of personal information by other users;
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, as determined in InvestSC’s sole discretion; or
- Engage in any conduct, as determined by InvestSC in its sole discretion, that restricts or inhibits anyone’s use or enjoyment of the Website, or which may expose InvestSC, its suppliers, or any other user of the Website, to any liability.
Note for Use of Content for Financial Decisions and Use of Products Outside the United States
InvestSC may make certain documents and information relating to Entrepreneur Information and other business information available electronically. The Content, including, Entrepreneur Information, Communications, and Services, is not intended to be a substitute for independent financial, legal, or tax advice. You should consult your financial professional and legal and/or tax advisor for advice about the appropriateness of products and services for you, and the effect of state and federal law on the products, services, or issues discussed on the Website, or of federal income taxes or any other taxes on amounts. None of the information is intended or should be interpreted as a recommendation, solicitation, or offer to buy or sell any securities, futures, options, or other financial instruments or assets. The Website is intended for use in the United States only. InvestSC may limit the Website’s availability to certain geographic areas or jurisdictions, at any time and at its sole discretion. The laws of each country, state, or territory may differ, and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you. Your eligibility for any product or service is subject to final determination and acceptance by InvestSC.
Third-Party Sites and Content
Any Content included from or links to websites owned or operated by a third party (“Third-Party Sites and Content”) and any Entrepreneur Information are for your convenience and informational purposes only and do not constitute or imply InvestSC’s endorsement, sponsorship, or recommendation of the third parties or their products, services, or websites. InvestSC does not monitor or control the Third-Party Content of any Third-Party Site linked to or from the Website, which are governed by their own terms of use, acceptable use, and privacy policies. InvestSC does not independently verify the Entrepreneur Information. InvestSC is not liable for any damages incurred as a result of clicking on a link to any Third-Party Sites or relying, in any capacity, on the Entrepreneur Information or Third-Party Content. Links to any InvestSC Website may be made only with the written permission of InvestSC.
Termination
InvestSC may modify or terminate any part of the Website or the Services, at any time, without notice. These Terms shall apply until terminated by InvestSC. Upon termination, Invest will retain your personal information in accordance with the InvestSC Privacy Policy and as required by applicable law, rules, or regulations. If you breach these Terms, your license to use the Website and Services shall immediately and automatically terminate.
InvestSC reserves the right to terminate these Terms with you, with notice of such termination, if:
- You breach any provision of these Terms (or have acted in a manner that demonstrates, in InvestSC’s sole opinion, you do not intend to or are unable to comply with these Terms);
- InvestSC reasonably believes it is required by law;
- InvestSC no longer offers the service(s) you use;
- You no longer agree to these Terms; or
- InvestSC chooses to do so, in its sole discretion, for any or no reason.
You understand that your Entrepreneur Information and Communications may remain on the Website even after termination of these Terms, subject to a request for removal or deletion under applicable laws. These Terms shall survive termination to the extent necessary for the enforcement of InvestSC’s rights and your obligations herein.
Governing Law and Venue
These Terms and any Service provided under them will be governed by the laws of the State of South Carolina, without regard to its conflicts of law provisions, and shall inure to the benefit of InvestSC’s successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the Arbitration Section, you hereby agree that all legal proceedings shall be brought in, and you irrevocably consent to submit to the jurisdiction and venue of, the state and federal courts of the District of South Carolina.
Arbitration
To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Website or the Services or these Terms, including the interpretation of this Arbitration Section, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any arbitration shall be governed by the Rules of Commercial Arbitration of the American Arbitration Association, as amended by these Terms and shall take place in Columbia, South Carolina, unless both parties agree in writing to a different location. Notwithstanding any of the foregoing, nothing herein shall preclude InvestSC from seeking injunctive relief or other provisional remedies in United States state or federal courts for the protection of its intellectual property rights (including the rights of its licensors).
Class Action Waiver
YOU AND INVESTSC EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and InvestSC agree that each may bring claims against the other only in your or its individual capacity, and not as a representative or part of any class or consolidated action or proceeding. If the dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Indemnification
You agree to defend, indemnify, and hold harmless InvestSC’s and its affiliates and their respective officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Website, Services, Entrepreneur Information, and Communications you post to or transmit through the Website, infringement of any intellectual property rights, or your violation of these Terms (collectively, “Claims”). InvestSC reserves the right, in InvestSC’s sole discretion and at InvestSC’s own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by InvestSC in the defense of any Claims and in any event may not settle any Claims without InvestSC’s prior written consent.
Disclaimer of Warranties
ALL OF THE WEBSITE, SERVICES AND CONTENT CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY CONTENT, ENTREPRENEUR INFORMATION, AND COMMUNICATIONS, ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. INVESTSC IS NOT RESPONSIBLE FOR ANY ENTREPRENEUR INFORMATION POSTED TO THE WEBSITE.
InvestSC disclaims any duty to update the Website or the Services or to correct any errors and it is your responsibility to evaluate the timeliness, quality, accuracy, reliability, and completeness of any information and material, including Third-Party Content and Entrepreneur Information, contained on the Website. InvestSC does not warrant or guarantee that the Website will be error-free, virus-free, or that access to the Services will be uninterrupted, or that the platform, its servers, or the Content are free of destructive features. If you download or otherwise obtain any material from the Website or the Services, you do so solely at your own discretion and risk, and you will be solely responsible for any damages to your computing system or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Website and Services.
Limitation of Liability
IN NO EVENT WILL INVESTSC, INDEMNITEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE WEBSITE OR THE SERVICES (COLLECTIVELY, THE “SERVICE PROVIDERS”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, OMISSIONS OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS, FORCE MAJEURE, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE DAMAGES WERE FORESEEABLE OR ANY OF THE SERVICE PROVIDERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these Disclaimer of Warranties and Limitation of Liabilities Sections will be construed to apply to the maximum extent permitted by law. In no event shall InvestSC’s total, aggregate liability for any cause of action of any kind – whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.
Assignment
You may not assign or otherwise transfer ownership of your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of InvestSC. InvestSC may freely assign, transfer and delegate these Terms or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.
Electronic Communications
You consent to receive communications from InvestSC electronically. InvestSC will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that InvestSC provides to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement and Severability
These Terms, including the Privacy Notices and any other document referred to in these Terms, represent the entire agreement between InvestSC and you relating to the subject matter herein. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. The failure of InvestSC to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any rights hereunder. InvestSC reserves all rights not expressly described in these Terms.
Section Headings
Section headings in these Terms are for convenience or reference only and shall not govern the interpretation of any provision of these Terms.
Notices
If you have any questions regarding the Website, the Services, or these Terms, please contact InvestSC at:
803-737-0268
Email: wcruz@investsc.net
InvestSC
Attn: President
1201 Main St., Suite 1600
Columbia, SC 29201
or email us at: wcruz@investsc.net.