VETERANS REFERRING VETERANS, LLC (a Colorado limited liability company)
This Customer Agreement is effective as of 28 September, 2018.
Acceptance of this Agreement
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner. You may not access, use, and/or participate in the Website if you are under 18 years of age. This Agreement shall be effective on the date accepted by you.
VRV reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. VRV will post any amended Agreements on its Website in the same location where the prior Agreement was posted— i.e., where it is presented to you. It is your responsibility to review the Agreement for any changes. Your continued use of the Platform will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from using the services provided by VRV on this Website.
3. Your Conduct
In connection with your use of the Platform, you represent and warrant that you:
- Are over the age of eighteen (18) years;
- Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national, or international laws;
- Will not submit any content that may be considered by VRV to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically, or otherwise objectionable;
- Will provide service providers with accurate and detailed information sufficient for them to understand your needs, requests, questions, or comments as each may be applicable to your use of the Platform;
- Will not submit content or comments on service providers other than those with whom you have interacted or Customers;
- Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with VRV, or otherwise attempt to mislead others as to your identity;
- Will not submit content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Platform;
- Will not access, download or copy any content contained on the Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots, or other such means);
- Will not post non-local or otherwise irrelevant content, repeatedly post the same or similar content, or otherwise impose an unreasonable or disproportionately large load on the Platform;
- Will not take any action that would undermine the Platform;
- Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
- Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- Will not use the Platform in any way that could interfere with the rights of VRV or the rights of other users of the Platform;
- Have sufficient rights in and to all content that you provide, transmit, or otherwise convey to VRV in connection with the Platform;
- Agree not to re-sell or assign your rights or obligations under this Agreement;
- Will not reproduce, duplicate, copy, sell, re-sell, or exploit any content on the Platform;
- Will not access the Platform for any commercial, educational, or other purposes not related to your personal purchasing decisions without the express written consent of VRV, which consent may be withheld by VRV in its discretion;
- Grant VRV an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of, the foregoing; and
- Agree not to create an account or use VRV services if your account previously has been terminated by VRV or if you previously have been banned from using the services.
The content that you provide does not reflect the views of VRV, its officers, managers, owners, employees, agents, designees, or other users. In addition, VRV retains the right, in its sole discretion, to determine whether or not your use of the Platform is consistent with the terms and conditions of this Agreement. VRV may suspend, restrict, or terminate your use of the Platform and refuse any future use of all or portions of the Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, VRV may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
4. VRV Is Not a Service Provider, Merchant of Record, or General Contractor
VRV is not the service provider, is not in the business of providing the services or selling the goods subject to any lead, project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. VRV is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. VRV is merely operating the Platform that helps connect you with the service provider interested in your Project.
5. Responsibility of Service Provider
The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.
6. Publication and Distribution of Content
VRV does not guarantee the accuracy, integrity, quality, or appropriateness of any content transmitted to or through the Platform. You acknowledge that VRV simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform are the sole responsibility of the person from whom such content originated. You understand that VRV does not control and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any content.
You further acknowledge that VRV has no obligation to screen, preview, monitor, or approve any content published by you, a service provider, or a third party. However, VRV reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this
Agreement. By participating in and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness, or appropriateness of any content that you submit, receive, access, transmit, or otherwise convey through the Platform. Under no circumstances will VRV be liable in any way for any content provided by you, a service provider, or a third party, including, without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted, or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against VRV relating to your content or the content of a service provider or other third party, and release VRV from any and all liability for or relating to any such content.
7. Service Providers
VRV does not endorse and is not responsible or liable for any content, data, advertising, products, goods, or services available or unavailable from or through any service provider. You agree that should you use or rely on such content, data, advertisement, products, goods, or services available or unavailable from or through any service provider, VRV is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve VRV. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.
You agree that VRV is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against VRV relating to any interactions or dealings with any service provider, and release VRV from any and all liability for or relating to any interactions or dealings with service providers.
VRV may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, VRV DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 14 (WARRANTY DISCLAIMER), OR SECTION 15 (LIMITATION OF LIABILITY).
8. Minimum Age
If you are under the age of eighteen (18), you are prohibited from participating on the Platform or on the Website.
9. Limited License
By agreeing to this Agreement, VRV grants you a limited license to access, participate in and use the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial, educational, or any other non-personal purpose any content or any portion of the Platform without the express written consent of VRV.
10. Modification, Limitation, and Discontinuance
VRV reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Platform. You agree that VRV will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Platform. You agree that VRV may establish general practices, policies, and limits, which may or may not be published, concerning the use or operation of the Platform.
VRV is not responsible for any delays, failures, or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
VRV appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Platform and any other VRV product or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.
Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, or other content (collectively, the
“Submissions”), such Submissions will be the property of VRV. In addition, none of the
Submissions will be subject to any obligations of confidentiality, and VRV will not be liable for any future use or disclosure of such Submissions.
13. Copyright Materials
You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the “Copyright Materials”) are the property of VRV or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.
14. Warranty Disclaimer
You understand and agree that the PLATFORM IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND THAT VRV ASSUMES NO RESPONSIBILITY OR LIABILITY
WITH RESPECT TO THE PLATFORM. VRV EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES
WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE, OR ERROR-FREE, (B)
ANY CONTENT OR INFORMATION YOU PROVIDE OR VRV COLLECTS WILL NOT BE
DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN
CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D)
ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE
PARTICIPATION IN THE WEBSITE AND USE OF THE PLATFORM IS AT YOUR OWN
RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VRV WILL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF VRV HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”)
RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PLATFORM, OR ANY
OTHER MATTER RELATING TO THE WEBSITE OR ANY SPECIFIC SERVICE
REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
TO THE EXTENT VRV IS FOUND LIABLE FOR ANYTHING RELATED TO THIS
AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, VRV’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PLATFORM.
You agree to indemnify, defend, and hold harmless VRV, its officers, managers, owners, employees, agents, attorneys, successors, assigns, service providers, and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. VRV will have sole control of the defense of any such damage or claim.
17. Breach of Agreement and Liquidated Damages
- You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for VRV to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay it the following amounts as liquidated damages, which you accept as reasonable estimates of VRV’s damages for the specified breaches of this Agreement.
- If you post content in violation of this Agreement, you agree to promptly pay VRV One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. VRV may (but shall not be required to) issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold, or exploited in violation of this Agreement.
- If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable, or otherwise overburden the Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged, or otherwise affected by you.
- Except as set forth in the foregoing subsections (a) through (d), inclusive, you agree to pay the actual damages suffered by VRV, including, but not limited to, attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that VRV may communicate any notices to you under this Agreement through electronic mail, regular mail, or posting the notices on the Platform. All notices to VRV will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to Veterans Referring Veterans, LLC, P.O. BOX 62186 Colorado Springs, Co 80962, Attn: Webmaster Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), VRV will respond promptly to claims of copyright or trademark infringement that are reported to the agent that VRV has designated to receive notifications of claims infringement (its “Designated Agent”). The Designated Agent is: Veterans Referring Veterans, LLC, P.O. BOX 62186 Colorado Springs, Co 80962, Attn: Webmaster Services, or email to: firstname.lastname@example.org.
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to VRV by providing the Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit VRV to locate the material;
- Information reasonably sufficient to permit VRV to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VRV will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
19. Governing Law and Time Limitations for Claims
The Platform, this Agreement, and your relationship with VRV shall be governed by the laws of the State of Colorado, notwithstanding the choice of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in El Paso County, Colorado and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that VRV may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action you bring arising out or related to your use of the Platform, the Website, this Agreement, or your relationship with VRV shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
You may not assign or otherwise transfer this Agreement or any of your rights and/or obligations relating to this Agreement without the prior written consent of VRV.
Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.
If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (a) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (b) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
23. Entire Agreement
Agreement (if applicable) entered into by you and VRV governs your use of the Platform and Website and constitutes the entire agreement between you and VRV with respect to the Platform. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and VRV regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including, but not limited to, any Service Contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such Service Contract) do not interfere with your obligations and duties to VRV under this Agreement.
After termination of this Agreement or you are no longer a user of VRV, certain provisions of this Agreement will continue to remain in effect, including, without limitation, Sections 6-10, 12, 15-22, 24-25.
25. Binding Effect
This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and VRV and its respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE OR PARTICIPATE IN THE PLATFORM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.