Terms of Use

Last Updated: May 1, 2023

Welcome to veracrest.app and its subdomains, including the websites and applications of Veracrest, LLC and its global affiliates (collectively, the “Sites“). These Terms of Use (“Terms of Use” or “Terms”) constitute a legally binding agreement between you and Veracrest Holdings LLC (“Veracrest”) or its subsidiaries listed here (“Veracrest Inc.”). Within these Terms, Veracrest together with its Listed Subsidiaries are referred to collectively as “Veracrest”, “us”, “we”, or “our.”  These Terms govern your use of the Sites, including without limitation any subdomains of the Sites, and the services made available through the Sites, including without limitation the software, tools, materials, and information (collectively, the “Service”). Veracrest’s real estate brokerage services (“Real Estate Services”) are independently governed by the contract(s) that are executed by you and Veracrest.  The Veracrest family of companies also includes other subsidiaries and joint ventures which are governed by their own terms and privacy policies.  You may visit their respective websites for more information about each of these entities.  

THIS TERMS OF USE CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.

 

  1. Acceptance of Terms

 

By accessing the Sites or using the Service, you: (a) acknowledge that you have read and understood these Terms; (b) accept and agree to be bound by these Terms; and (c) acknowledge that these Terms constitute a binding contract between Veracrest and you. The Sites and Service are not intended for use by individuals under the age of 18. By using the Sites or Service, you represent and warrant that you are at least 18 years of age, or over the age of majority in your jurisdiction and able to enter into these Terms. By using the Sites and Service, you represent that you will comply with these Terms and all applicable laws.

 

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MUST LEAVE THE SITES AND CEASE USING THE SERVICE IMMEDIATELY. YOUR FURTHER USE OF THE SITES AND/OR SERVICE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.

  1. Account registration

 

To use the Service, you may register or create a user account (your “Account”) by providing all required data or information in a complete and truthful manner. You may also use the Service without registering or creating an Account; however, this may cause limited availability of certain features or functions. By creating an Account or otherwise entering your email and telephone contact information on any form on the Sites you expressly consent to receive marketing communications about our Services at the email address and telephone number provided, which communications we may deliver via email, phone, and text messages, including using an automatic telephone dialing system and/or an artificial or prerecorded voice. You also certify that the provided number is your actual cell phone number and not that of anyone else. Your consent is not a condition of making any purchase or entering into a real estate transaction and you may revoke it at any time by replying “STOP” to any of our texts, unsubscribing from email communications using the unsubscribe link provided therein, or by emailing privacy@veracrest.app.  Standard message and data rates may apply.

 

You are responsible for any activity that occurs on your Account, regardless of whether such use was authorized by you. You must keep your login credentials confidential and safe from unauthorized use or disclosure. 

 

By registering for an Account, you agree to be fully responsible for all activities that occur under your username and password. You understand you are prohibited from sharing your username and password with anyone, including other members of your household.

 

You are required to immediately and unambiguously inform Veracrest via the contact details set forth below of any suspicious or unauthorized use of your Account, or if you have reason to believe your Account credentials have been lost or stolen.

 

  1. License and Restrictions

 

Veracrest hereby grants to you a limited, non-transferable, nonexclusive, revocable license to access and use the Sites, Service, and any information on the Sites or Service, including without limitation the text, photographs, drawings, graphics, software, audio, video, and other materials (collectively, the “Content”) for your own personal purpose of buying, selling, or renting real property, assessing the real estate market, or other limited purposes expressly authorized by these Terms.

 

You may download a single copy of the Content for your sole personal and non-commercial use, provided that you do not remove any copyright or other proprietary notice in the Content.

 

Except as authorized by Veracrest in writing, you understand and agree you shall not, and shall not allow any third-party to:

 

copy, reproduce, host, frame, download, distribute modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the Sites, Service, or Content;

decompile, disassemble, deconstruct, or reverse engineer the Service;

commercially exploit or use the Sites, Service, or Content to create a substantially similar product, service, or offering competitive products with the Sites or Service;

use the Sites or Service to upload or distribute any Trojan horses, worms, bots, spiders, scrapers, or other malicious software, program, script, algorithm, or similar process;

use the Sites or Service to send unsolicited bulk or commercial email (“spam”), junk mail, or other solicitous communications, or taking any action that imposes an unreasonable or disproportionately large load on the Sites’ servers; or

using the Sites, Service, or Content for any unlawful, obscene, defamatory, threatening, harassing, abusive, or otherwise objectionable purpose, as determined in Veracrest’s  sole discretion.

 

  1. User Content

 

Throughout your use of the Sites and Service, you may enter information or content, such as your Account information, property search criteria, communications to your contacts, Veracrest, or our agents (collectively, “User Content”). By entering any User Content, you grant Veracrest a nonexclusive, royalty-free, worldwide license to use your User Content in accordance with our Privacy Policy, as may be amended from time to time (the “Veracrest Privacy Policy”), and for the purpose for which you provided the User Content. You represent and warrant to Veracrest, and its affiliates, subsidiaries, and users that:

 

  1. you own your User Content or are authorized to provide the User Content to Veracrest;
  2. your User Content is true and accurate, to the best of your knowledge;
  3. your User Content will not infringe the proprietary or contract rights of any third-party;
  4. your User Content does not violate any applicable laws or these Terms; and
  5. your User Content does not include any unlawful, harassing, abusive, threatening, obscene, defamatory, false, or otherwise objectionable material, as determined in Veracrest’s  sole discretion.

 

  1. Liability for User Content

 

You are solely liable for User Content you upload, post, share, or provide, including without limitation any claims, damages, liabilities, or actions that result from your User Content. Veracrest shall have the right, but not the obligation, to remove, delete, block, disable, or correct User Content at its own discretion without notice or liability to you.

 

Veracrest has the right, but not the obligation, to review your User Content and to disable access to or remove any User Content that violates these Terms or applicable law without notice or liability to you. You may remove or edit your User Content at any time via your User Account.

 

 

  1. Company’s Right to Use

You grant Veracrest a non-exclusive, worldwide, royalty-free and fully paid license to use your content, as necessary, for purposes of providing the Service to you. All rights in and to the content not expressly granted to Veracrest in these Terms are reserved by you. You will procure all rights and privileges to obtain and transfer all your content to Veracrest under these Terms. The provision of such data will be in compliance with all applicable laws and regulations, including all privacy laws and regulations. You represent and warrant that your content will not: (i) contain any viruses, worms or other malicious computer programming codes able to damage the Service; or (ii) otherwise violate the rights of a third party. Veracrest has no way to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the use of your content. You provide your content at your own risk. Veracrest requires all Users to enter into these Terms; however, despite such contractual obligations, Veracrest cannot and does not control how other Users use your content once viewed on or through the Service. You acknowledge such potential unauthorized use of your content as a condition of using the Service. Please notify Veracrest if you become aware of any such unauthorized use at support@veracrest.app.

To the maximum extent permitted by law, if you post content or submit material to the Veracrest including photographs, you grant Veracrest a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sub licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose/for delivery of the Service without restriction.

Furthermore, each corporate registered user grants Veracrest, its affiliates, and sublicenses a non-exclusive license to use its corporate name, logo, trademarks and other intellectual property on the Sites and Services; and all corporate registered users grant Veracrest, its affiliates, and sublicense a non-exclusive license to use your corporate name and/or logo.

When using the Sites and Services, you are providing all the information contained in your LinkedIn or other social media profiles to Veracrest, and asking Veracrest to share that information and other information you provide with third-parties.

You represent and warrant that: (i) You own the content posted by you on or through Veracrest Sites or Services or otherwise have the right to grant the license set forth in this section, (ii) The posting and use of your content on or through Veracrest Sites or Services  does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) The posting of your content on Veracrest Sites or Services  does not result in a breach of contract between you and a third party.

You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on Veracrest Sites or Services . You agree to defend and indemnify Veracrest and its affiliates from any claims resulting from any content or materials you provide hereunder.

 

  1. Feedback.

 

Throughout your use of the Sites and/or Service, you may provide, or we may request, feedback, comments, reviews, or other information about your experience (collectively, the “Feedback”). Where you provide Feedback to us, you grant us a nonexclusive, sublicensable perpetual license to use your Feedback for any purpose permitted by applicable law, including without limitation to publish, reproduce, display, transform, translate, market and use in promotional materials, and create derivatives of your Feedback, without compensation to you. If your Feedback contains personal information about you, we will use it in accordance with our Privacy Policy.

 

  1. Third-party resources

 

Through the Sites or the Service, you may have access to websites, software, content, or other external resources provided by third parties. You acknowledge and accept that third parties control those external resources. Veracrest has no control over and does not warrant or endorse such resources and is therefore not responsible for their function, content, accuracy, or availability. You use any external resources available through the Sites or Service at your own risk.

 

  1. Intellectual Property Rights

 

All title, interest, and intellectual property rights, including without limitation all copyrights, trademark rights, patent rights, trade secrets, right of publicity, and design rights, related to the Sites, the Content, or the Service and all data, software, programs, source code, algorithms, processes, documentation, and functionality contained within the Sites or Service, in all translations, media, and formats, are the exclusive property of Veracrest or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. The Sites, Content, and Service cannot be copied, reproduced, altered, or modified without the express written consent of Veracrest. 

 

You acknowledge you only receive a license to use the Sites, Content, and Service and do not acquire any interest in, and shall not claim any right to, the Sites, Content, or Service. 

 

The Veracrest name, logo, and other marks, trade names, service marks, taglines, or logos (collectively, the “Trademarks”) appearing in connection with the Sites or the Service are, and remain, the exclusive property of Veracrest or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. You are prohibited from using the Trademarks to advertise your services, suggest Veracrest endorses or guarantees you or your business, or for any other purpose without the prior written consent of Veracrest.

 

  1. Termination by You

 

You can stop using the Sites and Service at any time. If you wish to terminate your Account, contact Veracrest as set forth below.

 

  1. Termination by Veracrest

 

Veracrest reserves the right, at its sole discretion, to disable, suspend, or terminate your access to and use of the Sites and Service, and your Account, if applicable, at any time and without notice or liability, if Veracrest determines you are in violation of these Terms or applicable law. Upon termination of your access to the Sites and Service, you are prohibited from using any Content or other materials from the Sites or Service, including, but not limited to any copies, documents, or other downloads stored on your computer or device. 

 

The suspension or deletion of your Account due to your violation of these Terms or applicable law does not exempt you from paying any applicable fees or prices.

 

We may disclose information we have about you or your use of the Sites and/or Service to the proper authorities if: (a) you have breached these Terms, (b) you are in violation of applicable law, (c) necessary for any investigation or complaint about your use of the Sites or Service, or (d) if we determine it is necessary to protect the property or rights of Veracrest or users of the Sites or Service.

 

  1. Service Interruption and Changes

 

Veracrest reserves the right to interrupt the availability of the Sites or Service for maintenance, system updates, or any other changes. Where possible, you will be notified in advance of the interruption.

 

Veracrest may alter, remove, suspend, disable, or terminate the Sites or Service, or portions of the Sites or Service, their Content, products, or other materials at any time without notice or obligation to you. 

 

Additionally, the Sites or Service may be unavailable due to reasons outside Veracrest’s  reasonable control, such as “force majeure” events, including, but not limited to, labor actions, infrastructural breakdowns, blackouts, power failures, or telecommunication line failures.

 

  1. Company and Independent Contractor Relationship

Registration, creation of an Account and use of the Services by any licensed Real Estate Broker or Agent (a “Licensed Real Estate User”) is acknowledgement that any use of the Sites or Services is done on an independent contract basis.

A Licensed Real Estate User understands that he or she is voluntarily entering into an agreement as an INDEPENDENT CONTRACTOR (THE “INDEPENDENT CONTRACTOR”) AND NOT AS AN EMPLOYEE OF COMPANY. Independent Contractor’s independent contractor status will define the parties’ relationship.

 

  1. Independent Contractor will be free to determine his or her own business hours and to choose his or her own target prospects, techniques, and methods.
  2. Under this voluntary agreement, Veracrest will not hold tax on Independent Contractor compensation.
  3. Independent Contractors are encouraged to meet any and all applicable IRS guidelines for reporting of income. Veracrest agrees to provide all necessary information to facilitate this reporting yearly or upon request. All requests should be sent to support@veracrest.app.
  4. Veracrest will provide any required IRS reporting above the yearly thresholds required by IRS code.
  5. All Referral Commissions or Fees payable to Independent Contractors activities will be accounted for and disbursed through the Services or by Veracrest in accordance with Veracrest policies and guidelines.
  6. Veracrest will not provide any insurance, retirement, or other employee benefits to Independent Contractor.
  7. Independent Contractor will have no authority to incur any debt or obligation on Veracrest’s behalf and promises to not sign any contract, agreement, lease or note in the name of Veracrest nor open or maintain any bank account under Veracrest. Neither will Independent Contractor open any investment account under the name of Veracrest, nor endorse for collection or deposit in personal account any check, money order, or other negotiable instrument made payable to Veracrest.
  8. Independent Contractor association with Veracrest will continue for an indefinite period. Either Independent Contractor or Company may terminate Independent Contractor association with the Company at any time, with or without cause or prior notice.
  9. When Independent Contractor association with Veracrest terminates for any reason; all property, merchant accounts, and software rights belong to Company, Independent Contractor will no longer have rights to Veracrest property.
  10. Upon termination of Independent Contractor association with Veracrest for any reason, Veracrest may, at its sole discretion, hold for review, any and all Referral Commissions and Commission residuals due the Independent Contractor for up to 180 days (6 months) to account for any potential legal dispute, hold or charge back that could arise related to Independent Contractor activities.

 

 

 

 

 

  1. Disclaimer of Warranties

 

THE SITES, SERVICE, AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITES AND SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERACREST EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES — WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. VERACREST DISCLAIMS ANY WARRANTIES THAT THE CONTENT OR SERVICE WILL BE ACCURATE, CURRENT, COMPLETE, OR ERROR-FREE, OR THAT TRANSMISSION TO OR FROM THE SITES WILL BE UNINTERRUPTED.

 

WITHOUT LIMITING THE FOREGOING, VERACREST, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS, AND EMPLOYEES DO NOT WARRANT THAT (A) THE CONTENT IS ACCURATE, RELIABLE, CURRENT, COMPLETE, OR CORRECT; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE SERVICE WILL OPERATE ON A PARTICULAR HARDWARE OR SOFTWARE CONFIGURATION; OR (F) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE SERVICE.

 

VERACREST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR SERVICE, AND VERACREST SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS, DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. Limitations of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Veracrest, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AGENTS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF SUBSTITUTE SERVICE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE; (B) THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION ANY SERVICE PROVIDER OR USER; (C) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (D) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF THE SERVICE; (E) ANY DELAY, INTERRUPTION, OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE OR PROCESS THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; OR (G) ANY USER CONTENT.

 

IN NO EVENT SHALL VERACREST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, AGENTS, PARTNERS, SUPPLIERS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO VERACREST HEREUNDER IN THE PRECEDING TWELVE (12) MONTHS, OR THE PERIOD OF DURATION OF THESE TERMS BETWEEN Veracrest AND YOU, WHICHEVER IS SHORTER. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VERACREST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 

 

  1. Indemnification

 

You agree to defend, indemnify, and hold Veracrest and its subsidiaries, affiliates, officers, directors, shareholders, licensors, agents, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising from or related to: (a) your use of the Sites, Content, and/or Service; (b) your violation of these Terms, including, but not limited to, your breach of any of the representations and warranties set forth in these Terms; (c) your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; (d) your violation of any statutory law, rule, or regulation; (e) your User Content or Account information, including, but not limited to, misleading, false, inaccurate, or infringing information; (f) your willful misconduct; or (g) unauthorized access to the Sites or Service that results from sharing or disclosing your username and password.

 

  1. No Professional Advice

 

The Sites and Service are provided for information purposes only and do not constitute legal, accounting, tax, employment, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the Sites, Service, or Content.

  1. Arbitration; Class Action Waiver

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND VERACREST ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITES OR SERVICE, YOUR RIGHTS OF PRIVACY, OR OUR RELATIONSHIP WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration shall be conducted by the American Arbitration Association (AAA) in conjunction with its Consumer Arbitration Rules. You hereby expressly and knowingly waive your right to file a lawsuit in court or have a trial by jury. Arbitration shall be conducted in Whatcom County, Washington by a single arbitrator. Any cause of action you may have under these Terms must be commenced within one (1) year after the claim or cause of action arises. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each of us shall be responsible for the costs of our own legal counsel at the arbitration.

Either you or Veracrest may start arbitration at any time. You and Veracrest agree to first send a notice of the dispute, to Veracrest at the address set forth below, or to you at your address on file with Veracrest, by certified mail or reputable courier. The notice must include the party’s contact information and the details of the dispute. We will attempt to resolve the dispute in good faith without the need for arbitration. If we are unable to resolve the dispute within thirty (30) days of receipt of the notice, either of us may start arbitration by filing a case with the AAA.

Nothing in this section shall limit Veracrest’s  right to seek alternative remedies, including without limitation, injunctive relief in a court of law.

Class Action Waiver

By accessing and using the Sites and/or Service, you agree any claims you bring against Veracrest will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. 

If a court rules that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed as a class action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the dispute shall be brought in the federal or state courts in Whatcom County, Washington. 

YOU UNDERSTAND THAT IN THE ABSENCE OF THIS SECTION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU EXPRESSLY AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

Small Claims Court

This agreement to arbitrate does not preclude you from resolving any disputes that meet the jurisdictional requirements for small claims court in such court.

 

  1. Claims of Copyright Infringement (Digital Millennium Copyright Act)

 

Veracrest respects the intellectual property rights of others. We comply with the applicable provisions of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512, as amended). It is our policy to respond expeditiously to any notice that any content posted on our Sites infringes the copyright rights of others. All claims of copyright infringement will be investigated and appropriate action will be taken, including but not limited to removal of the infringing content and termination of user access, if applicable. If you believe any information posted on our Site or contained in the Service violates your copyright rights, send a notice to Veracrest as described in our DMCA Statement.

 

  1. Accessibility.

 

Veracrest is committed to making the Sites and Service accessible for all to use. We have taken steps and regularly assess the Sites and Service to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Sites and/or Service, please contact us at accessibility@veracrest.app.

 

  1. Governing Law; Venue

 

These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

 

  1. Privacy Policy and Data Processing Policy

 

We may collect, use, and disclose personal information we receive about you through your use of the Sites or Service, as described in the Veracrest Privacy Policy which is hereby incorporated into and made a part of these Terms by reference.  To learn more about how we use your personal information, please refer to the Veracrest Privacy Policy.

 

  1. Changes to these Terms

 

Veracrest reserves the right to amend or otherwise modify these Terms at any time. We will notify you of changes to these Terms by posting the new Terms here and updating the effective date above. Those changes will become effective as of the date the new Terms are posted.

 

Your continued use of the Sites and/or Service will signify your acceptance of the revised Terms. If you do not wish to be bound by the changes, you must immediately stop using the Sites and Service. 

 

  1. General Provisions

 

Veracrest’s  failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. Veracrest reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms without prior notice to you. You may not assign or transfer your rights or obligations under these Terms in any way, without the written permission of Veracrest. Nothing in these Terms creates a joint venture, partnership, employment, beneficiary, or agency relationship between you and Veracrest. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. These Terms may only be modified by Veracrest in writing. These Terms, the Veracrest Privacy Policy, and any other Veracrest policy constitute the entire Agreement between you and Veracrest with respect to the subject matter hereof. These Terms will be enforced to the fullest extent permitted by law.

 

  1. Electronic Signature

 

You acknowledge and understand that the affirmative act of using the Sites or Service or clicking to accept these Terms signifies your electronic signature to these Terms, and your electronic signature creates a legally binding agreement. You acknowledge other legal documents available through the Sites and/or Service may also be executed electronically and you consent to providing your signature electronically and agree to be bound by the terms and conditions of those documents.  

 

  1. Contact Us

 

Veracrest Holdings LLC..

Registered Agent 

A Best Registered Agent LLC

8 The Green, STE E

Dover, DE 19901

support@veracrest.app

 

  1. Miscellaneous

GEOGRAPHIC RESTRICTIONS: Veracrest is based in the State of Delaware in the United States and provides the Sites and Service for use only by persons located in the United States. We make no claim that the Sites or Service or any of its content is accessible or appropriate outside of the United States. Access to Company may not be legal by certain persons or in certain countries. If you access Company from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Sites or Service must be commenced in the state or federal courts located in Delaware County, DE, United States of America (and you consent to the jurisdiction of those courts). IN ANY SUCH ACTION, COMPANY AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Company, Inc. in exercising any right hereunder will waive any future exercise of that right. Company, Inc.’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Company, Inc.’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Company, Inc. electronically. Company, Inc. may provide all such communications by email or by posting them on Company. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at the following address: 

Veracrest Holdings LLC, 8 The Green, STE E, Dover, DE 19901

Email: support@veracrest.app

Nothing herein shall limit Veracrest’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT:

  1. This Agreement may not be modified except by a revised Terms of Service posted by Company, Inc. on the Company App or Company Website.
  2. A revised Terms of Service will be effective as of the date it is posted.
  3. This Agreement constitutes the entire understanding between Company, Inc. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.