Vig Home Investments, LLC (“Vig“, “Company”, or “we”) is an Arizona limited liability company that provides a range of web-based services, including but not limited to providing buyers and sellers or real estate investors with access to properties and other services through its various web assets, including via its website www.Dynamic.Re (“Website”) or our other web-based portals (all collectively “Services”) to authorized clients. The following Terms of Service (“Terms”) form a binding contract between you, the user (“user,” “you,” or “your”), and Vig regarding the use of the Website and Services provided therein.
TABLE OF CONTENTS
1. Accessing the Website; Account Security.
2. User Accounts.
4. Modification of the Terms.
5. Intellectual Property Rights.
6. User Posts and Uploads.
7. Item Pricing.
8. Digital Millennium Copyright Act.
9. Prohibited Conduct.
10. Third-Party Sites, Products, Plugins, and Services; Links.
11. Term and Termination.
13. Disclaimers; No Warranties.
14. Limitation of Liability and Damages.
16. Entire Agreement.
17. Governing Law.
18. Force Majeure.
Accessing the Website; Account Security. We are not liable to you if any part of the Website becomes unavailable. We may restrict access to some parts of the Website, or the entire Website, to users, including registered users. By accessing the Website, you represent and warrant that you are agreeing to be bound by its terms.
User Accounts. Some content may only be available to users who create an account. In order to create an account on our Website, you must provide your full name, email address, your address, a username that will be visible to the public, and a password to protect your account. Additional information may be requested in order to take full advantage of all Services. You represent that all the information you provide is true and accurate to the best of your knowledge. Should your personal information change, you agree to promptly update your account. You agree not to share your account details with any third parties. If you choose to do so, you are responsible for what happens to your account. Should your account be accessed without authorization you agree to notify us immediately. We have the right to disable any account at any time for any or no reason, including if, in our opinion, you have violated any provision of these Terms to include violating the copyright of third parties.
Modification of the Terms. When you register for an account, access the Website, browse, or otherwise use our Website or any associated content, you agree to the Terms posted on the Website. We reserve the right to change, modify, add, or remove portions of the Terms at our sole discretion. Any change we make is immediately effective upon posting. Your continued use after we make changes to the Terms serves as your binding acceptance. You agree that you will periodically check the Terms for changes made after you register for an account or otherwise use the Website. If at any time you do not agree with the Terms, you must discontinue your use. If we make any significant changes to the Terms, we will attempt to notify you of those changes.
Intellectual Property Rights. Vig’s Website, its entire contents, features, and functionality are owned by Vig, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As the user, you are permitted to use this Website for your non-commercial personal use. Any content that is available for your use on this Website may have an accompanying trademark, copyright, or other proprietary right included. You shall not delete or alter those rights. Any right not expressly granted to you in these Terms is reserved by Vig. You will also refrain from violating any other user’s intellectual property rights, by copying or otherwise infringing upon another user’s intellectual property rights.
User Posts and Uploads. As part of the function of the Website, users are permitted to upload images of properties, property descriptions, and associated data, and other information related to real estate. When you post something to Vig’s Website you are representing and warranting that you have the necessary rights, licenses, consents, or other permissions to reproduce and publish your User Posts and Uploads. Vig does not own the content you post. You acknowledge that you are responsible for the posts and uploads you submit, and you, not Vig, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. By posting content to the Website, you grant Vig a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use the content you upload for commercial purposes (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Vig’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service and your content. We have the right to remove any user post or upload for any and all reasons including violating these terms. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. We do not undertake to review user posts and uploads before they are posted for distribution on our Website. For this reason, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User of the Website.
Item Pricing. From time to time, we may offer Services, such as advertising, for a fee. All purchases are non-refundable and non-cancellable. Users shall pay all fees stated in any order form for the specific Services purchased. In the event a user is invoiced after a Service is provided, we may assess a late fee of 1.5% per month on any balance that remains unpaid after the due date stated in the order form. Failure to pay any invoice within 30 days of the due date is a material breach of these Terms that entitles us to immediately stop the Services without further notice and demand payment in full for all outstanding amounts. We may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your subscription. We will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your subscription before the change becomes effective.
Digital Millennium Copyright Act. Vig respects the rights of copyright holders. If you believe that a user post or upload violates your copyright and desire to submit a DMCA takedown request, that request must conform to the requirements of 17 U.S.C § 512. Your DMCA takedown request should be directed to us at the following email address: email@example.com.
Prohibited Conduct. As the User of Vig, you agree to use this Website only within the bounds of these Terms and agree not to do the following:
- Use this Website for any unlawful purpose that would be a violation of federal, state, local, or international law or the applicable regulation, including those that apply to real estate transactions.
- Transmit, upload, install, or otherwise infect the Website or any content contained thereon with any virus or malicious programing or attacks (including but not limited to, denial of service attacks, trojan horses, worms, logic bombs, or any other harmful material or process) advertisement, or other communication that effects either the use and enjoyment of the site or the servers or property of Vig.
- Post, upload, or distribute any defamatory, libelous, or inaccurate content;
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable, or illegal material on the Site.
- Post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Allow persons under 18 to access the site via your account.
- Impersonate or attempt to impersonate Vig, one of our employees or contractors, any other user or person.
- Otherwise, interfere with the proper function of this Website.
Third-Party Sites, Products, and Services; Links. The Services may include links or references to other third-party websites and services that are not owned or otherwise operated, endorsed, or maintained by Vig solely as a convenience to Users. Vig does not endorse or guarantee the information, materials, products, or services contained on or accessible through any linked sites. Accessing these linked sites is done solely at your own risk. This includes clicking on any links or advertisements and other offers that may available on our Website by third parties.
Term and Termination. The Terms shall remain in effect while you use the Website and other Services unless you terminate your account, or it is otherwise terminated by us. In the event of termination, you no longer have the right to use this Website and its Services. You can terminate your account at any time by deleting your account. Vig may terminate your account for violation of these Terms at any time after the violation occurs. Repeat copyright offender accounts will be permanently banned.
Indemnification. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Vig its Affiliates, officers, directors, employees, and agents against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: i) your use of and access of Vig’s Website and related Services; ii) your violation of any of these Terms iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or iv) any claim that your user posts or uploads caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Vig’s Website and related services.
YOU WAIVE AND HOLD HARMLESS VIG AND ITS AFFILIATES, LICENSEES, AND ANY OTHER SERVICE PROVIDERS WE WORK WITH OR WHOSE SERVICES WE ADVERTISE FROM ANY CLAIMS STEMMING FROM ANY ACTION TAKEN BY VIG DURING INVESTIGATIONS BY EITHER VIG OR ANY LAW ENFORCEMENT AUTHORITIES.
Disclaimers; No Warranties. You understand that we cannot and do not guarantee or warrant that Service, including information related to any real estate made available on our Website, is accurate, error-free, or that it will be free of viruses or other harmful or destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your own requirements for virus protection and online security.
TO THE FULLEST EXTENT PROVIDED BY LAW, VIG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU USE AT YOUR OWN RISK OUR WEBSITE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM. OUR WEBSITE, CONTENT, AND ALL SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
NEITHER VIG NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE:
1. ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
2. THAT DEFECTS WILL BE CORRECTED,
3. THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitations of Liability and Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VIG OR ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Dispute Resolution and Arbitration. You agree that any disputes arising from these Terms shall first be resolved between the parties. You must provide a written notice outlining your complaint and send it via email to Vig at [firstname.lastname@example.org]. Vig shall have 20 days to respond to your complaint. If the matter is still not resolved, then the parties shall resort to confidential arbitration in accordance with the AAA Commercial Rules of Arbitration, which shall be held in Phoenix, Arizona. The decision of the arbitrator shall be binding. The arbitrator shall award attorney’s fees and cost to the prevailing party.
Entire Agreement. These Terms and any additional terms referenced herein represent the entire final agreement between the parties and supersede all prior agreements relating to the use of the Services, whether written or oral, unless otherwise expressly permitted in this Agreement. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of this Agreement, and are void. In the event of any conflict between these Terms of Service and any other terms referenced herein, these Terms of Service shall govern. Any changes requested to our agreement must be made in a written and signed addendum, which shall be incorporated by reference upon acceptance.
Waiver. The failure by Vig to enforce any right or provision of the Terms shall not constitute a waiver of that provision or any other provision of the Terms.
Force Majeure. The parties understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance. These occurrences and events include, but are not limited to: acts of God; acts of war; pandemics, viruses, acts of public enemies; strikes; fires; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hacking; actions of the elements; or other similar causes beyond the control of user or Vig in the performance of these Terms. Upon the occurrence of such event or effect, the parties shall agree to excuse performance under these Terms and not hold the other liable for the delay in or failure of performance under these Terms. Any such delay in or failure of performance shall not constitute a default or give rise to any liability for damages.
Severability. If any provision of the Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.