By signing up for a membership with Independiva LLC (“Independiva”) or using the website, you acknowledge and agree to the following Terms of Service.  Please read these provisions carefully prior to using the services described herein.  This agreement applies to both non-member users of the website and members of the website and participants in the Services (as defined below), to extent applicable to each.  Your clicking on the button marked “I Accept” is verification that you have indeed read and accepted these terms and conditions.

  1. Scope of Agreement.  By signing up for a membership with Independiva.com (a “Membership”, and thus becoming a “Member”), or by using our website, including, without limitation, any mobile applications or ancillary services provided in connection with our website (“the Website”) and/or our services (as defined in the linked page, the “Services”), you are entering into a legally binding agreement between you and Independiva LLC, a Massachusetts limited liability company, 50 Unity Avenue, Belmont, Massachusetts 02478 (“Independiva”).  By using our website or joining the Independiva community, you agree to the terms contained herein as well as those in our Privacy Policy, as it may be amended from time to time, which terms are incorporated by reference herein (collectively, the “Terms of Service”), and acknowledge that you have read and understood the Terms of Service and agree to be bound by all provisions contained herein.
  2. Eligibility and Security.  In order for us to ensure that Independiva remains a safe and helpful destination for all our Members, you represent and warrant that you are (1) 21 years of age or older, (2) female, (3) not currently restricted or prohibited from using the Website or the Services, and (4) a resident of the United States.  You also agree to (1) not allow others to use your Independiva account, (2) not use the Independiva account of another, (3) not charge anyone for access or services in connection with Independiva, and (4) keep your passwords and other Member-generated information confidential.  You acknowledge and agree that you shall create and maintain only one account.  
  3. Content.  You are solely responsible for all information and content that you upload, display or otherwise transmit using the Website or the Services, and for all your interactions with other Members.  By uploading, displaying or otherwise transmitting information and content using the Website or the Services you hereby grant Independiva a perpetual non-exclusive license to use, display, reproduce or re-transmit such information or content in accordance with our Privacy Policy.  Independiva is not responsible for and does not guarantee the accuracy or integrity of any Member-generated content, and is not responsible for loss or damage incurred as a result of the use by anyone of any Member-generated content in connection with the Website or the Services.  Independiva reserves the right to remove any Member-generated content without notice to the applicable Member or Members.  You hereby waive any and all claims against Independiva in connection with Independiva’s usage of any Member-generated content.  Independiva reserves the right to remove any Member-generated content at any time and without notice to the applicable Member or Members, or to restrict, limit or prohibit your contact with other Members and/or use of the Services.  You hereby warrant that you have the right to post, use, transmit, depict and otherwise make available the content you upload, display or otherwise transmit using the Website or the Services.
  4. Third-Party Websites.  Independiva may, in the course of providing the Website or the Services, provide you with links to third-party websites, as may other Members (“Third-Party Sites”).  Such links are provided as a convenience only and are not controlled or endorsed by, or associated with, Independiva in any way and Independiva is not responsible for the content of any Third-Party Sites.  It is your responsibility to review and comply with any terms of service provided by any Third-Party Sites.
  5. Indemnification.  You agree to indemnify and hold harmless Independiva, its officers, directors, owners, agents, employees, affiliates, licensors and licensees (individually and collectively, the “Indemnified Parties”), for all liability, losses and damages, including, without limitation, reasonable attorneys’ fees and costs, incurred in connection with (1) your use of the Website or the Services, or (2) your breach of any representations and covenants contained herein or your otherwise failure to comply with this Terms of Service agreement.  You shall cooperate with Independiva to the extent reasonably required by us in the defense of any claim, and Independiva reserves the right to assume exclusive control over the defense or settlement of any claim or matter.
  6. Account Information.  You acknowledge and agree that Independiva may disclose information related to your account if we are required to do so by law, or if we are acting in a good faith belief that such disclosure is necessary in order to comply with law.  Independiva may also use your account information in order to enforce the provisions contained herein or respond to your customer service requests.
  7. Member Conduct.  You acknowledge and agree that you are responsible for your own conduct and communications while using the Website and the Services, and that you will not:
    1. upload, communicate, transmit or otherwise engage in activity using the Website or the Services that is intended to harass, annoy, threaten, stalk, defame, convey hatred or threats of harm, physical or otherwise, intimidate any Members, or that is considered obscene or otherwise not in keeping with the spirit of the Independiva community;
    2. violate any copyrights or trademarks, convey any materials depicting another person without his or her permission, or violate the privacy of another in any fashion; 
    3. commit or promote illegal activity through the use of the Website or the Services, or act in a manner that detracts from the Membership experience of our community;
    4. use or cause to be used any robot, spider, spyware or other device or program designed to retrieve, collect or index information for unauthorized purposes, or transmit or cause to be transmitted any advertisements, spam, viruses, worms, or anything of a destructive or unauthorized nature; 
    5. upload, communicate, transmit, appropriate, misappropriate or otherwise extract for purposes unrelated to the Services, including any and all commercial purposes, in an unauthorized manner any information contained in our database or accessible through the use of the Website or the Services; or
    6. use or cause to be used any automated content-gathering or content-uploading devices or software in connection with the Website or the Services.
      • The terms and actions described above shall be determined and interpreted by Independiva in its sole discretion.  If you observe actions by another Member or Members that you believe violates these Terms of Service or are otherwise objectionable, please Contact Us.  
  8. Modifications to the Website and the Services.  Independiva reserves the right at any time and from time to time to modify or discontinue the Website and the Services with or without notice.  You acknowledge and agree that Independiva shall not be liable to you or any third party for any such modification or discontinuance, whether temporary or permanent.
  9. Account Security and Functionality.  Independiva strives to maintain the latest hardware and software security protection, but as with any internet-based enterprise, Independiva and its Website and Services may be vulnerable to various security issues and should not be considered 100% secure.  As such, you may be subject to various risks, including, but not limited to, unauthorized exposure of your account information and exposure to unwanted, contaminated or objectionable content.  You acknowledge and agree that the Website and all content therein are made available to you “AS IS” and with no warranties, express or implied, whatsoever.  Independiva does not represent or warrant that your experience with the Website or the Services will be error-free or without interruption for any duration of time. 
  10. Assumption of Risk: Members.  You acknowledge and agree that Independiva does not run background checks or otherwise screen its Members, or make attempts to verify the information submitted or conveyed by any Member via the Website or the Services.  
  11. Waiver of Liability.  You hereby assume full responsibility for all liability and all risk of injury or loss, however nominal or serious, which may result in connection with your Membership or your participation in any event, whether online or in-person, that is in any way related to Independiva, our Website or the Services.  You hereby waive all claims, causes, demands, actions or suits of any kind against Independiva, its successors and/or assigns, to the same extent.  You acknowledge and agree that this waiver of liability is binding on your heirs, executors, administrators and any and all persons pursuing a claim on your behalf, on behalf of your estate or against you or your estate. 
  12. Billing and Cancellation.  As an Independiva Member, you will be billed according to the billing plan you selected upon joining.  For example, if you selected to pay on a monthly basis, you will be automatically billed on the 1st of each month (or the first banking day following the 1st), until your Membership is terminated according to the terms set forth herein.  You may cancel your Membership at any time by Contacting Us.  Please note that you must cancel within three (3) business days before your next scheduled billing date to avoid being billed for the next successive month.  You will not be entitled to a refund for any unused portion of time remaining for your Membership.  Independiva reserves the right to change the Membership fee at any time with ten (10) days’ prior notice.  Until your Membership is terminated, you authorize our billing company (Paypal) to charge your credit card or other approved payment mechanism for the ongoing Membership fee.  You have the right to request that Independiva provide you with a notice of the amount and date of each recurring payment, and we will provide you with such notice no fewer than ten (10) days prior to the date of the recurring payment.  You acknowledge and agree that you will keep Independiva up-to-date by Contacting Us regarding any changes in your credit card or other payment mechanism, including, without limitation, changes to your billing and contact information and changes in the status of your credit card or other payment mechanism.  You agree to pay all charges incurred by Independiva as a result of the unauthorized usage of your credit card or other payment mechanism, and Independiva shall not be responsible for any charges or fees you incur from your bank or credit card company as a result of your Independiva Membership.  You hereby waive all claims, causes, demands, actions or suits of any kind against Independiva, its successors and/or assigns, to the same extent.  
  13. Membership Termination.  Independiva may terminate your Membership at any time for failure to comply with the provisions of the Terms of Service.  If your Membership is so terminated you shall not be entitled to a refund of Membership fees billed prior to the date of termination.  You acknowledge and agree that you have no right to use the Website or the Services once your Membership has been terminated.  All content is the exclusive property of Independiva.
  14. Assignment.  You shall not assign, convey, license, pledge or otherwise transfer any of your rights or obligations hereunder.  Independiva may assign, convey, license, pledge or otherwise transfer any of its rights and obligations hereunder to an affiliate, successor-in-interest, subsidiary or any third-party without notice and without your consent. 
  15. Successors, Heirs and Assigns.  Notwithstanding anything to the contrary in the Terms of Service, the Terms of Service shall be binding on all successors, heirs and assigns.
  16. Entire Agreement.  The Terms of Service, including the Privacy Policy, represents the entire agreement between you and Independiva, and supersedes any prior agreements, whether written or oral, between you and Independiva in connection with the use of the Website and the Services.  
  17. Choice of Law.  The Terms of Service, and any and all of the Services, shall be governed by the laws of the Commonwealth of Massachusetts.  You agree to submit to the personal and exclusive jurisdiction of courts within Suffolk County, Massachusetts.
  18. Severability.  If any provision of the Terms of Service is found unenforceable by a court of competent jurisdiction, such unenforceable provision shall be modified to the extent necessary to make it enforceable and to effect the intent of such provision.  The enforceability of the remaining provisions of the Terms of Service shall not be affected in any way by any such modification or unenforceability.
  19. Waivers.  No waiver of any term or condition contained herein is effective unless provided in writing by a duly authorized representative of Independiva.  In the event that Independiva provides you with a waiver of a term or condition contained herein or otherwise declines or fails to enforce any terms or conditions herein, said waiver or non-enforcement shall not be construed as a waiver of any other term, condition or aspect of the Terms of Service as to substance, scope or duration, or otherwise. 
  20. Notices.  Independiva may contact you by email or regular mail, according to the information submitted by you and associated with your account, or by postings on the Website.  In the event that you are required by the provisions hereunder to provide notice to Independiva, you shall direct such notice to Independiva LLC, 50 Unity Ave., Belmont, MA 02478.