TERMS OF SERVICE
Acceptance of Terms
Varidyn provides its services ("Service") to you subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to be bound by and comply with the Terms. Should you object to any portion of the Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Account Security & Content
Once you are a user of the Service, you create a password and and username. You are responsible to maintain the confidentiality of your password, and are entirely responsible for any and all activities which occur under your account. You may change your password at any time, but your username cannot be changed.
All postings and supporting files, transmitted through, or linked to through the Service, are the sole responsibility of the account holder. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Varidyn does not generate, and is not responsible for Content made available through its Service, and that by using this Service, you may be exposed to Content that is offensive or inaccurate.Varidyn does not pre-screen or approve Content, but has the right (but not the obligation) in its sole discretion to refuse or delete any Content available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree that you must evaluate the risks associated with, the use and reliability of posting Content and that under no circumstances will Varidyn be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content originating from the service.
Distributed Content and Third Party Sites
As a user you grant Varidyn the express but not exclusive permission to distribute your content through third party sites, advertisements and other marketing resources over which Varidyn has no control. Varidyn does not warranty the availability of such external sites or resources, does not endorse them, and is not responsible or liable for any content, advertising, products, or other materials located on or available through these sites or resources. Varidyn makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in or the timely inclusion and/or removal of content from any such site.
Indemnity
You agree to indemnify and hold Varidyn, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
Modification of Service
Postlets reserves the right at any time to modify the Service without notice or consent. From time to time such modifications may cause temporary to long term outages or suspensions of use. You agree that Varidyn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Conduct
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (d) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (e) upload, post 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 or hardware or telecommunications equipment; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (g) intentionally or unintentionally violate any applicable local, state, national or international law; (h) harass another; (i) collect or store personal data about other users; (j) exploit the intended use of the service through malicious or non malicious coding for the purpose of altering designed templates, themes or other layout elements.
Termination of Service
Varidyn, in its sole discretion, may terminate your account, use of the Service or other Varidyn services, and discard any Content within the Service, for any reason, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Varidyn may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Termination of your access to the Service under any provision of these Terms may be effected without prior notice, and we may immediately deactivate or delete your posts and all related information and files associated with the same and bar any further access to such files or the Service. Further, you agree that Varidyn shall not be liable to you or any third-party for any termination of your access to the Service, or obligated to refund you for any unused portion of your agreement
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VARIDYN 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. (b) VARIDYN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VARIDYN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
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Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VARIDYN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VARIDYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Fair Housing
All real estate listings posted herein are subject to the federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination." We will not knowingly accept, permit or distribute any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.
Posting Assistant Customers
Craigslist and other third party advertising venues do not permit the use of a 'posting agent' in the terms of use they bind members to for the use of thier services. As such, users of Varidyn who desire to have thier listings posted by Varidyn agree to be further bound by the following:
(a) The user agrees that the relationship established between the user and Varidyn is that of a remote sub-contracted assistant. The role of the subcontracted assistant will be for the single purpose of manual posting of the user's listing inventory to third party advertising sites of record that are a part of the 'Posting Assistant Upgrade' agreement at a frequency also a part of this agreement.
(b) The user agrees that the postings will be made under the name of the user, and that no alteration to user supplied listing information will be made by Varidyn and that the user is solely bound and responsible for all of the terms of use of the specific site(s), and assumes all legal responsibility for the same.
(c) The user understands and agrees that the service can terminate without notice due to changes with rules and terms of use at those sites, or for items defined in our "Termination Of Service" paragraph above.
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