TERMS OF SERVICE

Last Updated: May 11, 2025

1. INTRODUCTION

Welcome to ReservePath. These Terms of Service (“Terms”) govern your access to and use of the ReservePath website, mobile applications, and other online products and services (collectively, the “Service”), which is owned and operated by VRLY Ventures LLC (“ReservePath,” “we,” “us,” or “our”).

IMPORTANT NOTICE FOR NON-US USERS: ReservePath is designed exclusively for use by customers located in the United States. We do not target our services to individuals or businesses outside the United States. By accessing or using our Service, you acknowledge and agree that your use is governed by these Terms and applicable United States laws. If you are located outside the United States and choose to use our Service, you do so at your own risk and with the understanding that these Terms and US law will apply to your use of the Service.

Please read these Terms carefully. By accessing or using our Service, registering for an account, or clicking on the “I Accept” button, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Service.

2. DEFINITIONS

In these Terms, the following terms shall have the meanings set forth below:

“Account” means the account created by you or on your behalf to access and use the Service.
“Content” means any information, data, text, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and any other materials that may be viewed on, accessed through, or contributed to the Service.
“Feedback” means any ideas, suggestions, documents, and/or proposals about the Service that you provide to us.
“Subscription” means the recurring payment plan that you select when you sign up for the Service.
“User Content” means Content that you or other users provide to, post on, or transmit through the Service.
“Reserve Study” means a physical and financial analysis of a property’s common elements that provides estimates for repair, replacement, and maintenance costs over a specified period.

3. ELIGIBILITY

To use the Service, you must be, and represent and warrant that you are, (a) at least 18 years of age, (b) not barred from using the Service under applicable law, and (c) located within the United States. By using the Service, you represent and warrant that you meet all eligibility requirements.

4. ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features of the Service, you must create an account. When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4.2 Account Types

We offer different types of accounts with varying features and pricing. The specific features available to you will depend on the type of account you register for or the Subscription plan you select.

4.3 Account Administrators

If you register for an account on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and to grant the rights granted herein. If you designate additional administrators for your account, those administrators will also be bound by these Terms.

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Subscription Plans

We offer various Subscription plans for our Service. By selecting a Subscription plan, you agree to pay the applicable fees as set forth on our pricing page or as otherwise communicated to you at the time of purchase.

5.2 Payment Terms

All payments are due at the time of purchase. You agree to provide a valid payment method for paying all fees. By providing your payment information, you authorize us to charge the payment method provided for all fees due.

5.3 Recurring Billing

For Subscription plans, we will automatically charge your payment method on a recurring basis in accordance with the terms of your selected Subscription plan (e.g., monthly or annually) until your Subscription is terminated. By enrolling in a Subscription plan, you authorize us to charge you for the Subscription term and any renewal term until you cancel your Subscription.

5.4 Price Changes

We may change the fees for our Service at any time. We will give you reasonable notice of any such changes by posting the new fees on the Service or by sending you an email. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the updated fees.

5.5 Taxes

Unless otherwise stated, all fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes that may be assessed by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases.

5.6 Refunds

All fees are non-refundable unless otherwise expressly stated herein or required by applicable law.

6. LICENSE GRANT AND RESTRICTIONS

6.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms and any documentation we provide.

6.2 Restrictions

You shall not, and shall not permit any third party to:

Copy, modify, create derivative works based on, distribute, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease, lend, or sublicense the Service or any Content;
Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or underlying algorithms of the Service;
Access or use the Service to build a competitive product or service;
Use the Service for any illegal purpose or in violation of any applicable laws or regulations;
Use the Service to transmit any viruses, worms, defects, Trojan horses, or any other items of a destructive nature;
Use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of duplicative or unsolicited messages;
Use the Service to harvest, collect, gather, or assemble information or data regarding other users without their consent;
Interfere with or disrupt the integrity or performance of the Service or third-party data contained therein;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures;
Bypass or circumvent any security feature or measure we may use to prevent or restrict access to the Service or any portion of the Service;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
Remove or modify any proprietary notices, attributions, or labels from the Service or any Content; or
Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service.

7. USER CONTENT

7.1 User Content Generally

Certain features of the Service may permit users to upload, post, submit, or otherwise make available User Content through the Service. You retain all rights in and to your User Content, subject to the licenses granted below.

7.2 Limited License Grant to ReservePath

By submitting User Content through the Service, you grant ReservePath a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Service to you and other users.

7.3 Limited License Grant to Other Users

By submitting User Content that is made available to other users through the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

7.4 User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. By uploading, posting, submitting, or otherwise making available User Content, you represent and warrant that:

You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content as described herein;
Your User Content does not infringe, misappropriate, or violate the rights of any third party, including intellectual property rights, publicity rights, or privacy rights; and
Your User Content complies with these Terms and all applicable laws and regulations.

7.5 User Content Disclaimer

We are under no obligation to edit or control User Content, and we are not responsible or liable for any User Content. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms or our policies. We have no obligation to retain or provide you with copies of your User Content.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 ReservePath Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of ReservePath and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8.2 Feedback

If you provide us with any Feedback, you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.

9. DATA PRIVACY

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you when you access or use the Service. By using the Service, you consent to our collection, use, and disclosure of information as set forth in our Privacy Policy.

10. THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by ReservePath. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ReservePath shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites, services, or resources.

11. TERM AND TERMINATION

11.1 Term

These Terms will remain in effect until terminated as provided herein.

11.2 Termination by You

You may terminate your Account at any time by following the instructions on the Service or by contacting us at support@reservepath.com. If you terminate your Subscription before the end of the current Subscription period, your termination will take effect at the end of the current billing cycle, and you will not receive a refund for any fees paid.

11.3 Termination by ReservePath

We may terminate or suspend your Account, your access to all or part of the Service, or any feature of the Service at any time and for any reason, including if:

You breach any provision of these Terms;
You violate any applicable law, rule, or regulation;
You engage in any conduct that we believe is harmful to other users, us, or our business partners;
We are unable to verify or authenticate any information you provide to us; or
We believe, in our sole discretion, that your actions may create liability for us, our users, or our business partners.

11.4 Effect of Termination

Upon termination of your Account, your right to access and use the Service will immediately cease. We may, but are not obligated to, delete any User Content or other data associated with your Account. ReservePath will not be liable to you or any third party for any termination of your access to the Service. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12. DISCLAIMERS

12.1 Service Provided “As Is”

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RESERVEPATH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESERVEPATH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE, OR COMPLETE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

12.2 Reserve Study Disclaimer

ANY RESERVE STUDY GENERATED THROUGH THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS YOUR SOLE SOURCE OF INFORMATION FOR MAKING FINANCIAL DECISIONS. RESERVEPATH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY RESERVE STUDY. WE RECOMMEND THAT YOU CONSULT WITH A QUALIFIED PROFESSIONAL BEFORE MAKING ANY FINANCIAL DECISIONS BASED ON A RESERVE STUDY GENERATED THROUGH THE SERVICE.

12.3 Risk Assumption

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13. LIMITATION OF LIABILITY

13.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESERVEPATH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL RESERVEPATH BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

13.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESERVEPATH’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID RESERVEPATH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

13.3 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ReservePath, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right; (d) your User Content; or (e) any claim that your User Content caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

15. MODIFICATIONS TO THE SERVICE

We reserve the right to modify, suspend, or discontinue the Service or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

16. AMENDMENTS TO TERMS

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email to the email address associated with your Account or through the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Service.

17. GOVERNING LAW

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Middlesex County, New Jersey, and you hereby consent to the personal jurisdiction and venue therein.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before filing a claim against ReservePath, you agree to try to resolve the dispute informally by contacting us at legal@reservepath.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or ReservePath may bring a formal proceeding.

18.2 Arbitration Agreement

You and ReservePath agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Middlesex County, New Jersey, or any other location we mutually agree to.

18.3 Exceptions

Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to:

Bring an individual action in small claims court;
Pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
Seek injunctive relief in a court of law; or
File a suit in a court of law to address an intellectual property infringement claim.

18.4 Class Action Waiver

YOU AND RESERVEPATH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ReservePath agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

18.5 30-Day Right to Opt Out

You have the right to opt out of the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to legal@reservepath.com within 30 days of your first use of the Service. If you opt out of these arbitration provisions, ReservePath also will not be bound by them.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ReservePath concerning the Service.

19.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ReservePath.

19.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

19.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

19.5 Notices

Any notices or other communications provided by ReservePath under these Terms will be given by posting to the Service or, at our discretion, by email to the address you provide to us. Any notices or other communications provided by you under these Terms should be sent to legal@reservepath.com.

19.6 No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

19.7 Force Majeure

ReservePath shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, labor disputes, or internet service provider failures.

19.8 Export Controls

You may not use, export, re-export, import, or transfer the Service except as authorized by United States law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported to any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.

19.9 Compliance with Laws

You agree to comply with all applicable laws, rules, and regulations when using the Service.

20. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

VRLY Ventures LLC
1346 How Lane, Unit 7
North Brunswick Township, NJ 08901
Email: legal@reservepath.com
Phone: [Insert Phone Number]

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.