2. Term. This Agreement shall remain in full force and effect while you use the VarVee Services or are a registered USER. You may terminate your registration at any time, for any reason, by following the instructions on the My Account section of the Edit Profile page. VarVee.com may terminate your USER registration at any time, and for any reason, without warning. Even after USER registration is terminated, this Agreement will remain in effect.
3. Fees. You acknowledge that VarVee.com reserves the right to charge fees for the use of the VarVee Services and to change its fees from time to time in its sole discretion. If VarVee.com terminates your USER registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.
4. Password. When you sign up to become a registered USER, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the USER account or password of another Member at any time or to disclose your password to any third party. You agree to notify VarVee.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Registered USERs. The VarVee Services are for the personal use of registered USERs only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by VarVee.com. Illegal and/or unauthorized use of the VarVee Services, including collecting USER-names and/or email addresses of USERs by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the VarVee Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of USER registration. Appropriate legal action will be taken for any illegal or unauthorized use of the VarVee Services.
6. Proprietary Rights in Content on VarVee.com. Except as described below, when you post content on VarVee.com, we do not claim ownership rights in the text, information, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload, display or publish ("post") to the VarVee Services. After posting your Content to the VarVee Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose, as does VarVee. By posting any Content on or through the VarVee Services, you hereby grant to VarVee.com and its sponsors and affiliates a non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content.
7. Content Posted. You are solely responsible for (a) the Content that you post on or through any of the VarVee Services, (b) any material or information that you transmit to other USERs through the Messaging Service or otherwise, and (c) for your interactions with other USERs. VarVee.com does not endorse and has no control over the Content. Content is not necessarily reviewed by VarVee.com prior to posting and does not necessarily reflect the opinions or policies of VarVee.com. VarVee.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other USERs.
8. VarVee.com may delete any Prohibited Content (as defined below). VarVee.com assumes no responsibility for monitoring the VarVee Services for inappropriate Content or conduct. If at any time VarVee.com chooses, in its sole discretion, to monitor the VarVee Services, VarVee.com nonetheless assumes no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the USER submitting any such Content.
9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the VarVee Services ("Prohibited Content"). VarVee.com reserves the right to investigate and take appropriate legal action against anyone who, in VarVee.com's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the VarVee Services and terminating the USER registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of VarVee.com:
10. VarVee.com reserves the right to investigate and take appropriate legal action against anyone who, in VarVee.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activities include, but are not limited to activity in the sole discretion of VarVee.com that is:
11. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of VarVee.com to terminate the User registration of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to VarVee.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the VarVee Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the VarVee Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. VarVee.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, VarVee, Inc., email: support@Varvee.com, or any other address that VarVee deems appropriate for the receipt of such information.
12. User Disputes. You are solely responsible for your interactions with other VarVee.com Users. VarVee.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
14. Disclaimers. VarVee.com is not responsible for any incorrect or inaccurate Content posted on the VarVee Website or in connection with the VarVee Services, whether caused by Users of the VarVee Services or by any of the hardware, software or functionality associated with or utilized in the VarVee Services. Profiles created and posted by Users on the VarVee Website may contain links to other websites. VarVee.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by VarVee.com. Inclusion of any linked website on the VarVee Services does not imply approval or endorsement of the linked website by VarVee.com. When you access these third-party sites, you do so at your own risk. VarVee.com takes no responsibility for third party advertisements which are posted on this VarVee Website or through the VarVee Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. VarVee.com is not responsible for the conduct, whether online or offline, of any User of the VarVee Services. VarVee.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. VarVee.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the VarVee Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the VarVee Services. Under no circumstances shall VarVee.com be responsible for any loss or damage, including personal injury or death, resulting from use of the VarVee Services, attendance or participation in a VarVee.com event or promotion, from any Content posted on or through the VarVee Services, or from the conduct of any Users of the VarVee Services, whether online or offline. THE VARVEE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND DOES NOT WARRANT THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. VARVEE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. VarVee.com cannot guarantee and does not promise any specific results from use of the VarVee Services.
15. Limitation on Liability. IN NO EVENT SHALL VARVEE, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF VarVee.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VARVEE, INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER INCLUDING BUT NO LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VARVEE.COM FOR THE VarVee SERVICES DURING THE TERM OF YOUR USE OF THE VARVEE WEBSITE.
16. Disputes. If there is any dispute about or involving the VarVee Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Denver, Colorado. Either VarVee.com or you may demand that any dispute between VarVee.com and you about or involving the VarVee Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Denver, Colorado, USA, provided that the foregoing shall not prevent VarVee.com from seeking injunctive relief in a court of competent jurisdiction.
17. Indemnity. You agree to indemnify and hold VarVee.com, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the VarVee Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the VarVee Website or through the VarVee Services causes VarVee.com to be liable to another.
18. Other. This Agreement is accepted upon your use of the VarVee Website or any of the VarVee Services and is further affirmed by you becoming a USER. This Agreement constitutes the entire agreement between you and VarVee.com regarding the use of the VarVee Services. The failure of VarVee.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. VarVee.com is a trademark of VarVee, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: support@VarVee.com with any questions regarding this Agreement.