VeroDATAFI Terms & Conditions

TERMS OF USE

THE USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

Effective Date: These Terms of Use are Effective as of August 01, 2017.

1.  General

These Terms of Use and our Privacy Policy, as each is amended from time to time, apply to you when you view, access of otherwise use the website located at www.verodatafi.com (the “Website”). The Website is owned by Veros Real Estate Solutions, LLC (“Veros”), with offices located at 2333 N. Broadway, Suite 350, Santa Ana, CA 92706. For the purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Veros, its affiliates, licensors, and suppliers and “you” or “your” refer to any user of the Website (sometimes referred to herein individually as “Party” or collectively as “Parties”).

By using the Website, you acknowledge that you are at least 18 years old and you have read, understood, and agree to comply with these Terms of Use. Your use of the Website also indicates that you have read, understand, and accept the privacy practices as outlined in our Privacy Policy available at www.verodatafi.com. If you do not accept any of these terms, notices, and conditions, you may not use the Website or content. Your use of the Website and/or content indicates acceptance of these terms, notices, and conditions. We may from time to time change the terms, notices and conditions that govern your use of the Website and if we do so we will post such revised terms, notices, and conditions on this page. You should therefore check this page regularly. Your use of the Website following any such change constitutes your agreement to follow and be bound by the terms, notices, and conditions as changed. These Terms of Use and Privacy Policy shall be binding on you, your successors, and assigns.

2.  Limited License

As a user of the Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and content in accordance with these Terms of Use. We may terminate this license at any time for any reason.

3.  Limitations on Use

You agree to use the Website and the contents for your internal or informational purposes within your organization or as specifically authorized in these Terms of Use and elsewhere on the Website. You may not copy or distribute any materials published by us on the Website or any portion of those materials beyond your organization without our prior written permission. This includes any copying, reproduction, modification, republication, uploading, posting, or directly or indirectly sending any materials (or portions of materials) in any form or by any means.

As a user of the Website you agree: (a) Not to use the Website or its content for any unlawful purpose; (b) Not to use the content to determine a consumer’s eligibility for credit or insurance for personal, family, or household purposes, employment or a government license or benefit; (c) Not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the content; (d) Not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Website or the content without our prior written permission; (e) Not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; (f) Not falsely impersonate someone else; (g) Not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted by these Terms of Use; (h) Not include the Website in a frame and/or mirror all or any part of the Website without our prior express written authorization; (i) Not attempt to harm or interfere with the proper functioning of the Website; (j) Not send unsolicited email to any of the email addresses provided on the Website; (k) Not use or otherwise export or re-export the Website or any portion thereof, or the content in violation of the export control laws and regulations of the United States of America.

4.  Ownership

Veros, our affiliates, licensors and suppliers reserve all rights, title and interest in all materials posted on the Website, including without limitation all patents, copyrights, trademarks, trade names, service marks and logos (“Intellectual Property”). You have no right to use any Intellectual Property, and nothing contained on the Website or these Terms of Use shall imply or grant you or any third-party any right to use any such Intellectual Property without our prior written permission or the prior written permission of the respective owner.

5.  Comments and Ideas

We welcome your comments and ideas, including ideas for new products, improvements to our existing products, and improvements to the Website and its contents. We carefully review and consider your comments and ideas, but are unable to implement all of them. In order for us to freely respond to your comments and ideas and to implement our own ideas (which may be similar or identical to yours), all comments and ideas submitted to us will become our property. By submitting comments or ideas to us, you waive all rights you may have in them. Your comments and ideas will not be treated as confidential.

6.  Required Technology

Your access and use of the Website may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all of this required technology at your own expense. Although we generally try to make the Website compatible with available technology, we do not imply or guarantee in any way that the Website will be compatible or otherwise accessible using any specific model, brand, or type of technology.


7.  Errors, Updates, and Changes to Website

We do not represent or warrant that the Website and/or content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the content available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make improvements, updates or changes to the Website and the contents at any time without notice to you. We may also modify these Terms of Use without notice to you. By continuing to use the Website after modifications has been made to these Terms of Use, you accept the modification made to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

8.  User Account

If you create an account with us to access either the Website or content, or both, or for any other reason, you are responsible for maintaining the confidentiality of any and all information necessary to obtain access thereto, including without limitation, your account number or user identification and your password and restricting access to your computer. Access to your account is restricted to a single individual only, unless specifically designated otherwise on the registration page. By accepting and using the password, you are certifying that you agree to accept and abide by the terms and conditions herein. You agree that you are responsible for all activities that occur under your account and you agree to defend, indemnify, and hold harmless Veros, our affiliates, licensors and suppliers against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable attorney fees and legal costs) arising from or incurred as a result of: (a) Your activities in connection with the Website and/or content; (b) Any violation of these Terms and Use by you; (c) Any improper or unauthorized use of the content by you; or (d) Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third-party.

9.  Website Registration

Certain sections of the Website may require you to create and register a user account (your “Account”) that you may use to receive information from us and/or participate in certain features and functionality of the Website. If registration is requested, you agree to provide us with accurate and complete registration information. It is your responsibility to inform us of any changes to that information and we may rely on the information you provide, including any user identifications or passwords you create, to identify you and your activity and track your usage of the Website to help us improve the products and services we provide. You further agree to allow us to periodically send promotional emails to you about the Website, our products and services and the product and services of our affiliated companies and business partners. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at communications@veros.com. We also provide detailed unsubscribe information in the bottom of each email. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. We do not permit anyone other than you to use the sections requiring registration by using your name or password or access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify us immediately by emailing support@veros.com. We are not and shall not be responsible for any loss or damage resulting from your failure to protect your user name and passwords. If we have reason to believe your registration information is not true, accurate, complete or current, we reserve the right to terminate your registration and refuse any and all future use of the Website or the contents.

10.  Linking to the Website

You may provide links only to the homepage of the Website Site (www.verodatafi.com), provided: (a) You do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, these Terms of Use, the copyright notice, or other notices on the Website; (b) You give us notice of such link by sending an email to communications@veros.com; and (c) You discontinue providing links to the Website if requested by us. We reserve the irrevocable right to rescind consent for any link to the Website and to take any legal action we deem appropriate.

11.  Links to Third-Party Websites

The Website may contain links to websites of third-parties such as governmental agencies, individuals, and companies, as well as to other Websites owned and/or operated by us. These website links are provided for convenience only. By placing a link to a website, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them. We have no control over the content of third-party websites and make no representation or warranty regarding the third-party website content or accuracy of information. Any concerns regarding third-party services or resources should be directed to the provider of the outside service or resource. We shall not be responsible for and assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content contained in any third-party content appearing on the Website. Your use of content linked from the Website is at your own risk.

12.  Privacy

Protecting your privacy is very important to us. You hereby verify you have reviewed, understand, and will comply with our Privacy Policy available at www.verodatafi.com. Please be aware that we are not responsible for the privacy practices of any third-party websites. Please also be aware that the privacy policies of other third-party provider websites may differ significantly from the Privacy Policy of the Website. If you receive information about another person through the Website, you agree to keep the information confidential and only use it in connection with the Website.

13.  Interactive Sections of Website

Certain sections of the Website may allow you to post user-supplied information or content. We do not control the communications or information provided by users of these features. All contents furnished by you or other users of the Website are the sole responsibility of the person furnishing the information. You understand we are not obligated to monitor any interactive sections of the Website where users may post messages or supply information. However, we reserve the right to modify, edit or remove any postings or other information, in whole or in part, at any time for any reason. We further reserve the right to disclose any posting or other information provided by users if we, in our sole discretion, believe such disclosure is reasonably necessary to comply with any law, regulation, or court order or if the disclosure is necessary to protect the rights, property, or safety of Veros, its employees, its users, or the public. We assume no responsibility for the accuracy, completeness, applicability, analysis, or timeliness of the information or for any loss or damage that may occur as a result of relying on information on the Website. Further, you agree that you will not receive any royalty or any other payment or attribution or acknowledgement and that neither we, our affiliates, licensors, or suppliers shall owe you any other obligation.

14.  Independent Contractor

Neither Party is nor shall be a partner, joint ventures, agent, or representative of the other Party solely by virtue of these Terms of Use. Neither Party has the right, power, or authority to enter into any contract or incur any obligation, debt, or liability on behalf of the other Party. We are an independent contractor for all purposes with respect to the Website.

15.  No Solicitation

You shall not distribute on or through the Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without our express written permission. In no event may any person or entity solicit anyone with data retrieved from the Website.

16.  Advertisers

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We shall not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. We are not providing an endorsement of any advertiser’s website.

17.  DISCLAIMER

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE CONTENT.

18.  LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE CONTENT, THE INTERACTIVE AREAS OF THE WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS PRECEDING THE LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

19.  Indemnification

You agree to indemnify, defend and hold harmless Veros, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Website from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any: (a) Violation of these Terms of Use by you; (b) Improper or unauthorized use of the Website and/or content by you; or (c) Allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third-party.

20.  Third-Party Rights

The provisions of paragraphs 17 (Disclaimer), 18 (Limitation of Liability), and 19 (Indemnification) are for the benefit of Veros and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

21.  Remedies for Breach

If we have reason to believe that you have engaged in any of the prohibited activities described in these Terms of Use or have otherwise breached your obligations under these Terms of Use, we may terminate, suspend, or limit your access to or use of the Website; notify law enforcement, regulatory authorities, impacted third-parties, and others as we deem appropriate; refuse to provide access to the Website to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate your access to the Website for any reason and at any time.

22.  Unlawful Activities

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

23.  Remedies for Violation

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Website and any of our other Websites and their features.

24.  Governing Law

The Terms of Use is entered into in the state of California and any rights, remedies, or obligations provided for in this Terms of Use, shall be construed and enforced in accordance with the laws of California and federal copyright and patent laws, excluding application of conflict of law rules.

25.  Forum Selection and Consent to Jurisdiction

The Terms of Use is entered into in the state of California. The user acknowledges that by entering into this Terms of Use the user is deemed to be transacting business within the State of California, and user consents to the exclusive jurisdiction of the courts of the State of California to hear and decide any claim or dispute arising out of or related to the Terms of Use, in accordance with the laws of California.

26.  Cost of Suit

In the event of any dispute or claim between the Parties and any user, arising from or related to these Terms of Use, the prevailing Party shall be entitled to recover, including without limitation, damages, fees, and other costs incurred, including but not limited to reasonable attorney fees, arising out of such dispute, or claim in addition to any other relief which such Party may be entitled to by law.

27.  Waiver of Jury Trial

Both Parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the Parties or any of their respective affiliates, licensors, suppliers or employers or any other intended beneficiary arising under or relating to these Terms of Use and the use of the Website.

28.  Agreement Jointly Prepared

The Terms of Use shall be construed as if the Parties jointly prepared it and any uncertainty or ambiguity in the Terms of Use shall not be interpreted against any one Party.

29.  Not Legal Advice

The Content on the Website is published with the understanding that the Website and authors of the content are not engaged in rendering legal, accounting, or any other professional service by providing this material. Specifically, this information does not constitute legal advice and no attorney-client relationship is formed. The content is presented without any representation as to the accuracy, completeness, adequacy, or currency of the content, which is not warranted or guaranteed whatsoever. Particular state laws, regulations, and special contractual provisions can greatly impact rights, responsibilities, and legal obligations. Therefore, only a competent attorney or other applicable professional looking at all the pertinent facts and circumstances of a particular situation can provide definitive guidance. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Your use of the Website and/or content is at your own risk.

30.  Modification

We reserve the right to change these Terms of Use at any time. Updated versions of these Terms of Use will appear on the Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.

31.  Conformity to Statute and Severability

Any portions of the Terms of Use that are not in conformity with federal, state, or local laws are to be deemed amended to conform to such laws. Further, the provisions of these Terms of Use are severable. If any portion, provision, or part of these Terms of Use are held, determined, or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions or parts of these Terms of Use and shall not affect the validity or enforceability of any remaining portions, provisions, or parts. Parties agree to substitute a valid, enforceable term in its place that closely approximates the intent and economic effect of the invalid term.

32.  Entire Agreement

The Terms of Use incorporate by reference any notices contained on the Website, the Privacy Policy and the Legal Disclaimer and constitute the entire agreement with respect to access to and use of the Website and the content.

33.  No Waiver

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by our authorized representative. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

34.  Contact and Inquiries

If you have any questions regarding this Terms of Use, Website, or Privacy Policy, please contact Veros at support@veros.com.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

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