BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF VROV OFFMARKET LLC. (“VROV OFFMARKET LLC”) YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND VROV OFFMARKET LLC, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY VROV OFFMARKET LLC WEBSITE OR TO OBTAIN ANY SERVICES FROM VROV OFFMARKET LLC.
The VROV OFFMARKET LLC websites and mobile apps (collectively, “Websites”; and individually, “Website”). VROV OFFMARKET LLC provides numerous services, including as referenced on the Websites (“Services”).
VROV OFFMARKET LLC reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms Of Use shall constitute your acceptance to be bound by the express terms of any such revisions.
By using or attempting to use this Website, you certify to VROV OFFMARKET LLC that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older, and have the legal capacity to enter into this Agreement.
2.1. Website Content
The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics, and/or video or any information whatsoever obtained through the Website (collectively referred to herein as “Information”), VROV OFFMARKET LLC’s computers or network, and any subscription or software, product, service, or information provided by VROV OFFMARKET LLC.
2.2. Vendor Content
VROV OFFMARKET LLC has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which VROV OFFMARKET LLC may link to or display information, advertisements, discounts, products, goods, or services offered by the Vendors (“Vendor Content”). VROV OFFMARKET LLC does not guarantee the availability or accuracy of any such Vendor Content or offers, nor does it endorse, guarantee, or insure any Vendor products or services.
2.3. Disclaimer of Liability
VROV OFFMARKET LLC shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) Any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of VROV OFFMARKET LLC do not constitute an offer but are merely solicitations of an offer.
2.4. Registration
You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration, and use your registration solely to access the Website and to obtain Services.
VROV OFFMARKET LLC reserves the right to monitor your use of the registration and to discontinue your registration at any time in VROV OFFMARKET LLC’s sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately.
3.1. Copyright, Patent and Trademark Notice All content of the Website provided by VROV OFFMARKET LLC, including, but not limited to, all text, photos, graphics, audio, software, webpage layouts or configurations, presentations in any format and/or video is copyrighted by VROV OFFMARKET LLC, or its affiliates or subsidiaries. Copyright © 2013-2019 VROV OFFMARKET LLC. All rights reserved.
No portion of the Content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication, or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to, “screen scraping” or “database scraping” to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any printout of any page of the Website or portion thereof must include VROV OFFMARKET LLC’s copyright notice.
VROV OFFMARKET LLC, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of VROV OFFMARKET LLC. All other content, product names, and company logos are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any printout of any page of the Website or portion thereof must include VROV OFFMARKET LLC’s copyright notice and/or trademark registration notice as appropriate.
3.2. Notice of Copyright Infringement
VROV OFFMARKET LLC respects the copyrights of others. VROV OFFMARKET LLC reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
VROV OFFMARKET LLC has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement, you may notify us by e-mail at [email protected].
3.3. Restricted Use
You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which:
(a) infringes any patent, trademark, or copyright rights of others or violates their privacy or publicity rights,
(b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable, or
(c) is protected by patent, copyright, trademark, or other proprietary rights without the express permission of the owner of such right.
You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark, or other proprietary rights, or any other harm resulting from your use of the Service.
3.4. Your Submission of Messages
You hereby grant to VROV OFFMARKET LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and use for any purpose all messages or other materials posted by you on the Service or any e-mail sent by you to VROV OFFMARKET LLC (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.
3.5. Public Messages
All electronic forums made available to users of the Service are the sole property of VROV OFFMARKET LLC and are not a public forum. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages, or other materials posted by any person or entity other than VROV OFFMARKET LLC (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated.
You assume total liability for all Third-Party Content that you upload, post, email, or otherwise transmit via the Service. VROV OFFMARKET LLC assumes no liability for any such Third-Party Content.
You agree not to use the Service to:
Upload, post, e-mail, or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is racially, ethnically, or otherwise objectionable. Harm minors in any way. Impersonate any person or entity, including, but not limited to, an official or representative of VROV OFFMARKET LLC, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service. Upload, post, e-mail, or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships. Upload, post, e-mail, or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment, or network.
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges. Interfere with or disrupt the Service or servers or networks connected to the Service.
Intentionally or unintentionally violate any applicable local, state, national, or international law.
“Stalk” or otherwise harass another.
Collect or store personal data about other users.
You acknowledge that VROV OFFMARKET LLC does not pre-screen Third-Party Content, but that VROV OFFMARKET LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Third-Party Content that is available via the Service.
Without limiting the foregoing, VROV OFFMARKET LLC and its designees shall have the right to remove any Third-Party Content that violates this Agreement or is otherwise objectionable.
You acknowledge and agree that VROV OFFMARKET LLC may preserve Third-Party Content and may also disclose Third-Party Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary.
3.6. Linking
Without the prior written consent of VROV OFFMARKET LLC, you may not use any of VROV OFFMARKET LLC’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links.
You may not frame or otherwise incorporate into another Website any of the Information or other materials on this Website without the prior written consent of VROV OFFMARKET LLC.
VROV OFFMARKET LLC, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. Further, VROV OFFMARKET LLC, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions, or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or other like causes.
You acknowledge that VROV OFFMARKET LLC reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service.
During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.
6.1. General Disclaimer and Limited Warranty
You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Website are compiled from sources which may be beyond the control of VROV OFFMARKET LLC.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.”
VROV OFFMARKET LLC AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS VROV OFFMARKET LLC AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
These Terms of Use include our Privacy Policy as contained on our website, which is incorporated fully herein.
9.1. Unsolicited Marketing – VROV OFFMARKET LLC supports responsible e-commerce. VROV OFFMARKET LLC does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail, including email (“SPAM”).
9.2. Electronic Direct Marketing Programs –
VROV OFFMARKET LLC may develop and participate in electronic direct marketing to users of the Website who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, VROV OFFMARKET LLC does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in VROV OFFMARKET LLC’s electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. VROV OFFMARKET LLC then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by VROV OFFMARKET LLC. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at [email protected].
9.3. Reporting SPAM – Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to VROV OFFMARKET LLC by forwarding the unedited message with the full message header to [email protected].
9.4. Reservation of Rights – VROV OFFMARKET LLC reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by VROV OFFMARKET LLC, in its sole discretion, to be objectionable. VROV OFFMARKET LLC reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. A failure of VROV OFFMARKET LLC to exercise any right provided for herein shall not be deemed to be a waiver of such right.
10.1. Governing Law; Limitations; Venue – The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Service as contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose. Further, any such claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Dallas County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Dallas County, Texas, are an inconvenient forum.
10.2. Assignments – You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of VROV OFFMARKET LLC. Any assignment other than as provided for in this Section 10.2 shall be null and void.
10.3. Severability – If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
10.4 Connectivity Charges – You understand that your access to the Website and use of the Services may incur third-party connectivity charges. You understand that you are responsible for any such charges that your use incurs, including from your cell phone or internet service provider, including fees related to text messaging and data fees.
10.5. Termination – VROV OFFMARKET LLC may terminate or suspend your use of the Website for any reason. Termination or cancellation of your use of the Website shall not affect any right or relief to which VROV OFFMARKET LLC may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to VROV OFFMARKET LLC.
10.6. Notice – Official correspondence must be sent via postal mail to:
VROV OFFMARKET LLC
6500 Greenville Avenue, Suite 400
Dallas, TX 75206.
10.7 Notice Regarding Electronic Commercial Service for California Users – Pursuant to California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
10.8 Entire Agreement – This Agreement is complete and effective at the time you begin use of the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and VROV OFFMARKET LLC. In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY VROV OFFMARKET LLC. © 2023 VROV OFFMARKET LLC.
All rights reserved.
