Vairt, Inc., is a Delaware corporation that promotes the sale and purchase of real estate. Vairt refers to this Web site as the “Vairt Website™.” Any person accessing or using the Vairt Website is referred to as “you”.
except with the express written permission of Vairt, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Vairt Website, including without limitation, engaging in the practices of “screen scraping”,“database scraping” or any other activity with the purpose of obtaining lists of users or other information; damage, disable, overburden, or impair the Vairt Website or interfere with any other party’s use and enjoyment of the Vairt Website;
obtain or attempt to obtain any materials or information through any means not
made readily accessible by Vairt through the Vairt Website. Except with the express written permission of Vairt, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Vairt Website.
Except with the express written permission of Vairt, you agree that you will not create links from any Web site or Web page to any page within the Vairt Website; provided however upon prior written notice to Vairt at [email protected], you may create a link directly to the Vairt Website home page. The origin of any link to the Vairt Website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Vairt Website home page. By creating a link to the Vairt Website, you agree that (a) you will not employ any technology that results in the placement of content from the Vairt Website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Vairt Website from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Vairt Website. Vairt reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Vairt so requests.
The Services provided through the Vairt Website may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Vairt to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Vairt does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you
hereby release Vairt from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that Vairt is not a real estate broker, mortgage broker or mortgage lender, and Vairt does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
a.The Vairt Website and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Vairt Website (collectively, “Content”) is owned by Vairt and/or third parties with all rights reserved unless otherwise noted. Vairt grants you a limited license to access and use the Vairt Website and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Vairt Website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Vairt Website or Content, except with express written consent of Vairt. You understand that all third party Content posted on, transmitted through, or linked from the Vairt Website, is the sole responsibility of the third party originator of such Content. Content is provided through the Vairt Website AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Vairt be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
b.You acknowledge that Vairt does not screen or approve third-party Content, and that Vairt shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or Vairt any Content that is available via the Vairt Website, for any reason.
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Vairt Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Vairt Website. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Vairt as provided below.
a.You promise that you will not use the Vairt Website toTransmit any Content not related to appropriate subject matters; which is misleading to others, including consumers; that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; that you do not have a right to post and transmit under any law or under contractual relationships; such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
b.intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
c.By Transmitting Content to the Vairt Website, you grant, and you represent and warrant that you have the right to grant, to Vairt an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Vairt Website, you grant Vairt all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Vairt Website by any party for any purpose.
a.This disclosure statement pertains to the conduct of Vairt, including services Vairt provides, in connection with the mortgage loan industry and websites and mobile applications operated by Vairt.
b.Vairt does not confirm, and does not make or give any guarantee regarding (i)any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan- related document, nor (ii)any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii)any information about, or in any rating of or feedback about, any advertiser, lender, broker or mortgage or loan professional
c.Vairt does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or mortgage professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
d.Vairt is not a lender, mortgage broker, loan originator, loan processor or underwriter. Vairt does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.
e.Vairt does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.
f.Vairt does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.
g.Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre- approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by Vairt) is not, and will not be responded to by Vairt as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre- approval, loan commitment or loan-related transaction or other loan or credit product.
h.Vairt does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or mortgage professional.
i.Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.
j.Vairt is not an agent of any consumer or borrower nor of any advertiser, lender, broker or mortgage or loan professional.
k.Vairt sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, mortgage brokers or other loan professionals and/or other like services relating to use of the website or mobile app Vairt operates.
l.Decisions regarding loans, loan applications, quotes, pre- qualifications, pre-approvals, loan commitments or loan-related transactions are not made by Vairt but are made by lenders, brokers or other loan professionals which might include participating advertisers of Vairt.
m.Vairt does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from Vairt.
n.The foregoing disclosures reflect Vairt’s good faith conclusions regarding the subject matter of such disclosures, and Vairt takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than Vairt, nor any actual or alleged inaccuracy of or other fault with any such disclosures.
b.Vairt will list Agents real estate listings on its Platform. Each listing is uploaded on the Platform manually by the Agent.
c.Vairt will use its commercially reasonable efforts to advertise the Agent’s Listings in international search engines and social media.
d.The Agent shall send written notice to the Provider for the following sale transactions: 1. Receiving a deposit payment, 2. Signing property purchase agreement.
e.The Agent and the Purchaser shall indemnify, save, defend, keep and hold harmless Vairt from any and all loss, damage, cost, charge, liability, cost of litigation, or other expense, including without limitation attorneys fees and court costs, arising out of its obligations and duties, including but not limited to (i) disputes arising or concerning amounts of money to be paid, (ii) funds available for such payments, (iii) 2 persons to whom payments should be made or (iv) any delay in the electronic wire transfer of funds, as the Provider, unless the Providers actions constitute gross negligence or willful misconduct.
f.License. Solely to enable this site to use the information with which you supply us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information.
g.Privacy. Please see Your Privacy Rights on the Vairt web site which is incorporated herein by reference.
c.Breach. Without limiting any of our other remedies, we may immediately remove your property marketings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
e. Legal Compliance. You shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding your use of Vairt and your deposit, solicitation of offers to purchase, and purchase of property.
You Expressly Understand and Agree That: Your Use of and Reliance upon Any and All of the Vairt Website, Services And/or Content Is at Your Sole Risk and Is Made Available on an “As Is” and “As Available” Basis. Vairt Makes No Express or Implied Representations, Warranties, or Guarantees with Regard to the Appropriateness, Accuracy, Sufficiency, Correctness, Veracity, Value, Completeness, or Timeliness of the Vairt Website, Services And/or Content. Vairt Expressly Disclaims All Warranties of Any Kind, Whether Express or Implied, Including, but Not Limited to the Implied Warranties of Merchantability, Fitness for a Particular Purpose and Non-infringement.
You Agree to Indemnify and Hold Vairt, its Third-party Vendors, Corporate Affiliates, Directors, Officers, Employees and Agents Harmless from Any and All Claims and Demands, Including, but Not Limited to Reasonable Attorneys’ Fees, Made by Any Third-party Due to or Arising out of Any Content, Submitted,
In No Event Shall Vairt Be Liable for Any Direct, Indirect, Punitive, Incidental, Special, Consequential Damages or Any Damages Whatsoever Including, Without Limitation, Damages for Loss of Use, Data or Profits, Arising out of or in Any Way Connected with the Use or Performance of the Vairt Website, with the Delay or Inability to Access or Use the Vairt Website or Related Services, the Provision of or Failure to Provide Services, or for Any Content, Software, Products and Services Made Available or Obtained Through the Vairt Website, or Otherwise Arising out of the Use of the Vairt Website, Whether Based on Contract, Tort, Negligence, Strict Liability or Otherwise, Even If Vairt Has Been Advised of the Possibility of Damages. Any Services or Content Made Available or Obtained Through the Use of the Vairt Website, and All Other Use of the Vairt Website, Is Done 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 Therefrom.
Any Dispute Resolution Proceedings Will Be Conducted Only on an Individual Basis and Not in a Class or Representative Action, or as a Named or Unnamed Member in a Class, Consolidated, Representative or Private Attorney General Legal Action. Your Access and Continued Use of Vairt Signifies Your Explicit Consent to this Waiver.
All materials on the Vairt Website (as well as the organization and layout of the Vairt Website) are owned and copyrighted or licensed by Vairt, its corporate affiliates or its third-party vendors. © Vairt, Inc. 2019, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Vairt Website is permitted without the written permission of Vairt. Any rights not expressly granted herein are reserved.Pursuant to Title 17, United States Code, Section 512, notifications of claimed
copyright infringement should be sent to Vairt’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
1100 Sycamore St, Cincinnati, OH 45202
Effective Feb 1, 2019
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