Privacy Policy
Section 1: Privacy Policy
Introduction
VSF Holdings Ltd, REA Group Ltd, any entity with the DBA “VSF Rentals” or “Real Estate Alpha” and all subsidiaries or related or affiliated entities of VSF Holdings Ltd (collectively, “Company”, “us”, or “our”) respects the privacy concerns of our customers and all users of our websites, applications, social media, content, and all other products and services (collectively, the “Services”). We are committed to protecting and respecting your privacy. This Privacy Policy (the “Privacy Policy”) and any other documents referred to in it sets forth the basis on which any personal data we collect from you, or that you provide to us, in connection with the Services will be processed by us. We are providing this Privacy Policy so that you can better understand how we collect, use, and share information that is gathered using our Services.
We may change provisions of this Policy from time to time and will indicate when changes have been made by revising the date at the top of this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our practices. If we make material changes to this Policy, we will provide you with additional notice.
It’s important that you read the following carefully to understand our practices. Please also review the Terms of Service Agreement at https://realestatealpha.io/terms.
If you have any questions or unresolved privacy concerns, please contact us at justin@realestatealpha.io.
Data Protection Across the Globe
Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply common protections described in this policy. These protections align with well-known standards such as ISO 27001:2017 and others.
Information Collection & Use
Information that you provide to us: We may collect information that you provide when using our Services, such as when you:
- create an account or profile;
- subscribe to our Services;
- participate in events or promotions;
- send questions or comments via email or live chat;
- interact with our sales or customer support team;
- apply for a job with us online;
- fill out surveys, quizzes or assessments;
- use any feature in our apps;
- purchase from us, claim a free bonus or create a guest, gift or free account;
- visit our websites; or
- otherwise communicate with us or any other person through or about our Services.
The types of personal information that you provide or may be collected may include but is not limited to your device ID, name, email address, telephone number, mailing address, credit card information, location, device type, log data, browser or network connection type, operating system, and other contact or identifying information that you choose to provide.
We store, process, and maintain files and content that you create and/or upload using our Services, as well as other data related to your account in order to provide the Services to you.
We do not store your credit card information on our servers but rather use secure 3rd parties like Stripe, Paypal or Apple integrations to process secure payments. We only ask for credit card information to complete and satisfy our rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by you, and in that case we use Stripe, Apple, or Paypal as our secured payment partners.
Information about use of our Services: Our app, providers or cloud servers automatically collect usage information about your use of the Services, including the webpages visited, number of log-ins, data displayed or clicked on, actions taken, your language preference, device id, and other login information. We may collect automated error reports in the case of software malfunctions, which may contain some or all of the information in your account and content and may be reviewed to help resolve problems with the Services.
If you participate in a livecast or video conference with us, we may record the session and retain the recordings, and you should assume we are since our interactions are part of the Services. We own any content that you appear in and may feature, sell or create content from it. If you participate in a training or product course, we collect user information and completion data.
We collect information from the device and application you use to access our Services. Device data mainly means your IP address, operating system version, device type, device ID/MAC address, system and performance information, and browser type. If you are on a mobile device we also collect the UUID for that device.
We use a variety of technologies to collect this information, such as first party and third party cookies and tracking services that employ cookies and page tags (also known as web beacons). This data includes usage and user statistics. Emails sent by VSF or by users through our Services also include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We provide more information on cookies below.
Link to privacy policy of third party service providers used by the app may include:
- Google Play Services
- Google Analytics for Firebase
- One Signal
- Mixpanel
- Stripe
- Apple
We also use Facebook and other providers to place “pixels” on many of our sites or apps so that we can understand your digital behavior and potentially later target you with related advertising. We also use Google Analytics to understand how long you might spend on our Sites or how you interact with our Services. If you ever choose to opt-out of targeted advertising with us, then please contact us at justin@realestatealpha.io so that we can potentially remove your email, data or profile from any advertising we may use.
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
If you arrive at VSF from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from third parties and integration partners: We may obtain personal information from third parties and combine such information with the information that we collect through our Services and such information may be used for the purposes described in the “How We Use the Information We Collect” section below. For example:
- You give permission to those third parties to share your information with us or where you have made that information publicly available online.
- You create or log into your account through a third-party social networking site or one of our integration partners, we will have access to certain information from that service such as your name and account information.
- You purchase an offer that comes with a free group coaching session or other coaching fulfillment that requires us to share your contact with the fulfillment provider.
- If you purchase our Services, we may receive information from our third-party payment processors.
- We may collect information from unaffiliated third parties so that we can better understand you and provide you with information and offers that may interest you.
How We Use the Information We Collect
Use of Information: We may use the personal information collected through our Services to:
- Operate and improve our Services;
- Send you recommendations, advertising or promotional materials;
- Provide and deliver the Services or other services you request, process transactions, and send you related information;
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions, and requests and provide you with requested customer support;
- Enable you to participate in 3rd party promotions, including trials or other bundled offers exclusive to our users, and to help us and our marketing partners to measure the effectiveness of our or their promotions.
- Monitor and evaluate trends, usage, and activities in connection with our Services;
- Secure our systems, prevent fraud, and help us to protect the security of your account;
- Prevent, detect, and investigate potentially prohibited or illegal activities and to enforce our terms and policies;
- Personalize and improve the Services, and provide content, communications, or features that match users interests; and
- Link or combine with other information we obtain from third parties to help understand your needs and provide you with better service.
- Connect you with a coach or service as part of your free group coaching bonus that comes with some offers.
- When you provide your phone number to us, we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or sms messages related to VSF services, or related brands or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our Services, you hereby grant us permission to text you until you reply STOP.
- We reserve the right at all times to review your content and information to help resolve problems with our software or Services, or to ensure that you remain in compliance with our Terms of Service.
Information we may share: We will never “sell” your personal information (as that term is defined in the California Consumer Privacy Act). However, we may share your personal information with third parties as follows:
- Service Providers: We use other companies, agents, or contractors to perform services on our behalf or to assist us with the provision of services to you. For example, we engage service providers to provide marketing, advertising, coaching, training, communications, security, payment processing, infrastructure and IT services, to customize, personalize, and optimize our Services, to process payment transactions, to provide customer service, and to analyze and enhance data. While providing such services, these service providers may have access to your personal information. These service providers have agreed to maintain the confidentiality, security, and integrity of the personal information that they obtain from us and we do not authorize them to use or disclose your personal information except in connection with providing their services.
- Protection of VSF and others: VSF and its service providers may disclose and otherwise use your personal information where we or they reasonably believe such disclosure is needed to (i) satisfy and applicable law, regulation, legal process, or governmental request; (ii) enforce applicable terms of use, including investigation of potential violations; (iii) detect, prevent, or otherwise address illegal or suspected illegal activity, security, or technical issues; or (d) protect against harm to the rights, property, safety of VSF, our users, or the public, as required or permitted by law.
- Business transfers: In connection with any reorganization, restructuring, merger, or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your privacy in a manner that is consistent with our Privacy Policy.
- Other Users: Content that you create, upload, or copy into our Services, may, if you choose, be read, copied, used, and distributed by people you know, your members, or people you don’t know. Information that you disclose using the chat function of the Services may be read, copied, used, and distributed by people participating in the chat. Use care when including sensitive information, such as home addresses or phone numbers, in content you share or chat sessions.
- With Your Consent: We may share your personal information when we have your consent.
- Your Profile. You may share information on your profile in the app, comments or related social media that others can see.
Whenever in the course of sharing information, we transfer personal information to countries within the European Economic Area or other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by the applicable laws on data protection.
Advertising and analytics services provider by others: We may allow others to provide analytics services and display advertisements for our Services. These providers (for example, Google Analytics) may use cookies, web beacons, device identifiers, and other tracking technologies that collect information about your use of our Services. This information may be used by us and others to determine the popularity of our Services, deliver advertising and content targeted to your interests in the Services, and on other websites, apps, and other services, and to better understand your online activity. You can find out more about this practice or opt out of your web browsing activity for interest-based advertising purposes by visiting https://aboutads.info/choices. You can opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
Social Media and Public Forums: VSF Services may include publicly accessible blogs, chats, comments, community forums, or private messaging features. Our Services may also contain links and interactive features with various social media platforms (e.g., Facebook, Instagram, YouTube, Twitter and the like, including widgets and connections to social media platforms). If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum through any of our Services may be viewed and used by others without any restrictions or notifications or compensation to you. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes. Always use social media with an understanding your data may be seen, replicated, shared and distributed for the world to see.
Where We Store Your Personal Data
Data Storage: All data that you provide to use through our Services is transferred or stored on the cloud through servers we pay for from popular providers. Any payment transactions will be encrypted using SSL technology; all payment data is stored by our payment processors and is never stored on our servers. Where we have given you (or where you have chosen) a password that enables you to access your account and the Services, you are responsible for keeping this password confidential. We recommend that you not share your password and that you change it frequently.
Data Security: VSF takes reasonable measures to protect your personal information and your content from loss, misuse, and unauthorized access, disclosure, modification, and destruction and to ensure that your content remains protected and available to you. Unfortunately, the transmission of data via the internet is not completely secure and although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Services or any device. All use and transmissions are at your own risk. You alone are responsible for your account and data shared with others, so to protect your user account, we encourage you to:
- use a strong password that is unique to your VSF account
- never share your password with anyone
- limit access to your phone, computer and browser
- log out once you have finished using VSF on a shared device
It’s your responsibility to only provide individuals with permission to use your account where you’re comfortable sharing this personal data with them. Please remember that if other people have access to your account, then they can access your personal data and app controls and that it may impact your personalized recommendations and be included in your data.
Data Retention: VSF stores the information we collect for as long as necessary for the purpose for which it was originally collected and in compliance with our legal obligations. The retention periods applied by VSF comply with applicable legislation then in effect, namely:
- For data relating to your account, such data will not be retained beyond your request that your account be entirely deleted. We do keep some of your data if you unsubscribe or cancel, so that if you wish to purchase again later your account or information (like your journal entries or scores) is available to you.
- For transactional data relating to your purchases, such data is kept for the entire period of our contractual relationship, then in accordance with legal obligations and applicable statute of limitations periods. Please note that this data does not include payment card information, which is processed by our third-party payment processors and not VSF.
- For data collected based on your consent to receive marketing communications, we will use the data until you withdraw your consent or applicable law requires that such data is no longer used.
- For data collected in connection with your requests or questions, such data is kept for the period necessary to process and reply to your request or question.
- When cookies or other trackers are placed on your computer, they may be retained for a period of 12 months.
We may retain certain information for legitimate business purposes or as required by law.
Third Parties
Third-parties who provide and/or publish content via our Services shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to the Services (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This Privacy Policy only concerns the processing for which VSF is the data controller. If you have any questions regarding personal data contained in Third-Party Content, please contact the third-party provider responsible for such Third Party Content.
Third Parties that Help Provide the Messaging Service: VSF Holdings Ltd, REA Group Ltd, any entity with the DBA “VSF Rentals” or “Real Estate Alpha” may disclose Personal Data and other information as follows:
- Messaging Service Providers: We will not share your opt-in to an SMS short code campaign with a third party for purposes unrelated to supporting you in connection with that campaign. We may share your Personal Data with third parties that help us provide the messaging service, including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages.
- Affiliates: We may disclose Personal Data to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Data will be subject to this Policy. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Children Age 13 and Under
VSF’s Services is not marketed to or directed at children under the age of 13 and we do not knowingly collect personal information from children. We recognize the special obligation to protect personally identifiable information obtained from children and we may seek to identify or remove accounts or information from children under the age of 13.
VSF encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
- Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
- Know the sites your kids are visiting and which sites are appropriate.
- Look for Website privacy policies. Know how your child’s information is treated.
- Check out the FTC’s site for more tips on protecting children’s privacy online.
If you’re a parent or legal guardian of a child who is under 13 (or an age limit determined in a specific country as relevant) who has provided personal data to VSF, please contact us. We’ll take reasonable steps to investigate or delete the personal data or account of the child.
How We Use “Cookies” and Other Tracking Technologies
We use cookies, which are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes, and similar tracking technologies on our website and when providing our Services. Cookies make using our website easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our website, and do not transfer any personal information to any other party.
You have a choice about the placement of cookies on our website. You can use your web browser to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation. Guidance on how to control cookies in popular browsers is contained here:
- Microsoft Internet Explorer
- MacOS Safari
- Mozilla Firefox
- Google Chrome
- Adobe (Flash Cookies)
We also partner with third-party ad networks to either display advertising on our website or to manage our advertising on other websites. Our ad network partners use cookies, pixels, and other ad-targeting technologies to collect information about your activities on our website to provide you with targeted advertising based upon your interests. Instructions for opting out of interest-based advertising is set forth in this policy, but you can opt-out of interest-based advertising using the Network Advertising Initiative’s opt-out tool.
- What are cookies and pixels? A cookie is a small text file stored on a user’s device that may later be retrieved by a web server from the device. Cookies allow web servers to do certain things like remember the items you placed in a shopping cart or that you are logged in. Some cookies let us and service providers keep track of our website users’ browsing activities and connect certain activities into a session. A pixel is a very small image that may be found within web pages and emails that requires a call to our servers in order for the pixel to be rendered in those web pages and emails—this call provides information about your device and visit. We use pixels to learn more about your interactions with email content or web content, such as whether you interacted with ads or posts. Pixels can also enable us and third parties to place cookies on your browser.
- Are there different types of cookies? Cookies typically are classified as either session cookies or persistent cookies. Session cookies disappear from your device or browser when you turn off your device. Persistent cookies remain on your browser even if you turn off your device. We use both persistent cookies and session cookies.
- Can you stop us from setting cookies? Yes, you can prevent a website, including ours, from setting cookies. However, if you do so, some parts of the website may not function properly or at all.
Your Choices and Rights
You have several options with respect to your personal information, as follows:
- You may terminate your use of the Services at any time. However, please note that VSF may still process your personal information as a service provider to our customers if your personal data.
- If you have created an account, you may at any time access, edit, or delete your personal information. Please note that even if you delete information from your account, or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information for a certain period of time.
- You may opt out of receiving promotional emails, text messages, or mail from VSF by writing us at justin@realestatealpha.io, or where applicable visiting your user settings or preferences in our app or sites, or clicking “Unsubscribe” link in any promotional email. If you opt out, we may still send you transactional or relationship messages, such as emails about your account or updates to our Services.
- If you do not have a user account and wish to delete your email address or other personal information that you might have provided through your use of our Services and/or any other services, please email us at: justin@realestatealpha.io with the words “Delete My Information” in the subject line.
Malware/Spyware/Viruses
We do not knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites
Our Services may, from time to time, contain links to and from third party websites, such as partners, affiliates, and advertisers. If you follow a link to any external website, it will have its own privacy policy and we are not responsible for the content or practices of such third party websites or their policies. We are also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices before you submit any personal information.
Data Posted in App or on Forums
VSF users may have the ability to post content to one or more VSF forums, such as chat rooms, community sites, group calls or video, comments in apps or sites, and online bulletin boards. You should be aware that when you voluntarily disclose personal information in any forum, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances, as it is public and can be used by others including VSF at our discretion. Please take care when using these features. You may request and obtain removal of such posted content by contacting us at justin@realestatealpha.io and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the VSF forums.
Transfer of Information Across National Borders:
For users located outside the jurisdiction of the United States, VSF operates and processes data in the United States. Information we collect from you will be processed in the United States, and by using this website you acknowledge and consent to the processing of your data in the United States. The United States has not received a finding of “adequacy” from the European Union under Article 41 of the GDPR. We collect and transfer to the U.S. personal data only with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms. When we transfer your personal information to other countries, we will protect that data as described in this Policy or in our agreement with you and take steps, where necessary, to ensure that international transfers comply with applicable laws.
Your California Privacy Rights:
Please review the “California Supplemental Privacy Notice” which is incorporated as part of this Policy for California residents only.
Do Not Track Disclosure
Regulatory agencies such as the U.S. Federal Trade Commission have promoted the concept of Do Not Track as a mechanism to permit Internet users to control online tracking activity across websites through their browser settings. Since no industry standard has been adopted, we currently do not process or comply with any web browser’s “do-not-track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit the VSF website or use our Services.
Changes to Our Privacy Policy
We may update this Privacy Policy to reflect changes to our data practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on our website or in the Services prior to becoming effective. We encourage you to periodically review this page for the latest data on our privacy practices.
Contact Information for Complaints or Concerns
We welcome your questions, comments, and requests regarding our Privacy Policy and they should be addressed to justin@realestatealpha.io. In the alternative you may reach VSF customer support at (937) 729-3788. Our physical address is VSF Holdings Ltd, 1268 East Ash Street, Suite 108, Piqua, OH 45356. Attn: Data Protection Officer
Your Acceptance of These Terms
By using our website or Services, you accept the policies and restrictions set forth in this Privacy Policy. If you do not agree to this policy, please do not use the website or the Services.
Section 2: General Terms and Conditions of Sale (if applicable)
*If a sale of product and/or service, this section applies.
- General. These General Terms and Conditions of Sale (these “Terms”) are the only terms which govern the sale of goods and/or services (“Goods”) by VSF Holdings Ltd, REA Group Ltd, any entity with the DBA “VSF Rentals” or “Real Estate Alpha”, or any of its subsidiaries or affiliates (“VSF”) to the user of this site including but not limited to any guest, investor, buyer, agent, broker, or similarly situated person or entity that is accessing this site (“User”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. The accompanying quotation, confirmation of sale, acknowledgement, or credit application (the “Sales Confirmation”) and together with these Terms (collectively, the “Agreement”), comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. VSF’s acceptance of any purchase order from User is expressly conditioned on User’s assent to this Agreement. If the Sales Confirmation is a credit application, the Sales Confirmation also includes the transaction specific terms of the quotation, confirmation of sale, or acknowledgment. No terms or conditions set forth in any future correspondence between User and VSF shall alter or supplement this Agreement unless in writing signed by an authorized representative of each party. These Terms prevail over any of User’s general terms and conditions of purchase regardless of whether or when User has submitted its purchase order or such terms. Fulfillment of User’s order does not constitute acceptance of any of User’s additional or different terms and conditions and does not serve to modify or amend these Terms. Notwithstanding the other Terms, the Agreement is only binding on the VSF specifically identified on the Sales Confirmation, and User shall hold harmless VSF and any other entity not specifically identified on the Sales Confirmation.
- Delivery, Shipping and Risk of Loss. All shipments are F.O.B. the VSF’s manufacturing or distribution facility (the “Facility”) unless otherwise agreed to in writing by the parties. The Goods will be delivered within a reasonable time after the receipt of User’s purchase order, subject to availability of finished Goods. VSF shall not be liable for any delays, loss or damage in transit. All risk of loss to all Goods provided under the Agreement shall pass to User when the Goods are delivered to the carrier at VSF’s Facility or otherwise leave the care, custody and control of VSF; provided, however, that, in the event the Goods subsequently are properly rejected by User for any reason, risk of loss and title shall be divested from User and shall revert immediately to VSF upon User’s placement of such properly rejected Goods with a common carrier for return to VSF.If VSF has separately agreed to arrange for transport of the Goods, VSF shall deliver the Goods to User at the location identified by User (the “Delivery Point”) using VSF’s standard methods for packaging and shipping such Goods. User shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point. VSF may, in its sole discretion, without liability or penalty, make partial shipments of Goods to User. Each shipment will constitute a separate sale, and User shall pay for the Goods shipped whether such shipment is in whole or partial fulfillment of User’s purchase order. If for any reason User fails to accept delivery of any of the Goods within three (3) days after VSF’s notice that the Goods have been delivered at its Facility or the Delivery Point, or if VSF is unable to deliver Goods at the Delivery Point within such time because User has not provided appropriate instructions, documents, licenses or authorizations: (i) the Goods shall be deemed to have been delivered; and (i) VSF, at its option, may store the Goods until User picks them up, and User shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
- Non-delivery. The quantity of any installment of Goods as recorded by VSF on dispatch from VSF’s place of business is conclusive evidence of the quantity received by User on delivery unless User can provide conclusive evidence proving the contrary. The VSF shall not be liable for any non-delivery of Goods unless User gives written notice to VSF of the non-delivery within seven (7) days of the date when the Goods would in the ordinary course of events have been received. Any liability of VSF for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered, and User shall not have the right to reject the installment.
- Inspection and Rejection of Nonconforming Goods. User shall inspect the Goods within seven (7) days of receipt (“Inspection Period”). User will be deemed to have accepted the Goods unless it notifies VSF in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by VSF. “Nonconforming Goods” means only the following: (i) Goods shipped are different than identified in this Agreement; (ii) Goods’ label or packaging incorrectly identifies its contents; or (iii) Goods not in accordance with Section 9 of these Terms. If User timely notifies VSF of any Nonconforming Goods, VSF shall, at its election, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by User in connection therewith. User shall ship, at its expense and risk of loss, the Nonconforming Goods to VSF’s Facility identified by VSF. If VSF exercises its option to replace Nonconforming Goods, VSF shall, after receiving User’s shipment of Nonconforming Goods, ship to User, at User’s expense and risk of loss, the replaced Goods to the Delivery Point. User acknowledges and agrees that the remedies set forth in this Section 4 are User’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 5, all sales of Goods to User are made on a one-way basis and User has no right to return Goods purchased under this Agreement to VSF.
- Return of Goods. Subject to Section 4, Goods may not be returned to VSF without first obtaining written authorization from VSF, which authorization is at VSF’s discretion. A request for return must be filed with VSF and shall include purchase order number, approximate date shipped, and any other identifying numbers requested by VSF. Each request for return of Goods should state the type and quantity of Goods, the part numbers and the reasons for the return. If return authorization is granted, Goods shall be returned in a clean, well packaged condition. User shall pay VSF’s standard restocking fee for any returns made pursuant to this Section 5.
- Price. User shall purchase the Goods from VSF at the price(s) (the “Price”) set forth in the Agreement. All Prices are exclusive of all Federal, State or local sales, use and excise taxes, and any other similar taxes, duties and charges of any kind on any amounts payable by User. User shall be responsible for all such charges, costs, and taxes; provided, that, User shall not be responsible for any taxes imposed on, or with respect to, VSF’s income, revenue, gross receipts, or commercial activity.
- Payment Terms. User shall pay all invoiced amounts due to VSF within thirty (30) days from the date of VSF’s invoice. User shall make all payments hereunder by ACH, wire transfer or other method agreed to by VSF and in US dollars. Past due amounts shall accrue interest at the rate of 1.5% per month, compounded monthly. User shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with VSF, whether relating to VSF’s breach, bankruptcy or otherwise. Title to the Goods shall pass to User upon full payment for the applicable Goods. If User is or becomes delinquent in the payment of any sum due VSF by more than sixty (60) days from the date of invoice, then VSF shall have the right, in addition to any other remedy to which it may be entitled in law or equity, and under this Agreement, to cancel any order, refuse to make further deliveries and declare immediately due and payable all unpaid amounts for Goods previously delivered to User.
- Security Interest. VSF reserves a purchase money security interest in the Goods sold hereunder and the proceeds thereof, in the amount of the Price. In the event of default by User on any of its payment obligations to VSF, VSF will have the right to repossess the Goods sold hereunder that have not been paid for without liability to User or any third party in possession of such Goods, if not User. In such event, User agrees to make the Goods available to VSF so that VSF can repossess them without a breach of the peace. This security interest will be satisfied by payment in full. VSF may file a financing statement to perfect VSF’s security interest, provided that VSF terminates any such financing statements once the Goods are paid for. User shall cooperate fully with VSF to execute such other documents and to accomplish such filings and/or recordings thereof as VSF may deem necessary for the protection of VSF’s interests in the Goods furnished hereunder.
- Warranty; Warranty Disclaimers. VSF warrants to User that it will, at its election, replace or issue a credit for the Price of any Goods that are defective in material or workmanship for a period of one (1) year from completion of delivery of the Goods. EXCEPT FOR THE ABOVE WARRANTY, VSF DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. For the avoidance of doubt, VSF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Limitation of Liability. IN NO EVENT SHALL VSF BE LIABLE TO User OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, DIMINUTION IN VALUE, DOWNTIME, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VSF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL VSF’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID TO VSF FOR THE GOODS SOLD HEREUNDER.
- Insurance. During the term of this Agreement and for a period of one (1) year thereafter, User shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability (including product liability) in a sum no less than $1,000,000 with financially sound and reputable insurers. Upon VSF’s request, User shall provide VSF with a certificate of insurance from User’s insurer evidencing the insurance coverage specified in these Terms. The certificate of insurance shall name VSF as an additional insured. User shall provide VSF with thirty (30) days’ advance written notice in the event of a cancellation or material change in User’s insurance policy. Except where prohibited by law, User shall require its insurer to waive all rights of subrogation against VSF’s insurers and VSF.
- Compliance with Law. Each party shall comply with all applicable laws, regulations, and ordinances, and shall maintain in effect all the licenses, permissions, authorizations, consents and permits that party needs to carry out its obligations under this Agreement. User shall comply with all export and import laws of all countries involved in the sale of the Goods under this Agreement or any resale of the Goods by User. User assumes all responsibility for shipments of Goods requiring any government import clearance. VSF may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on Goods.
- Termination. In addition to any remedies that may be provided under these Terms, VSF may terminate this Agreement with immediate effect upon written notice to User, if User: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part and such failure continues for five (5) days after User’s receipt of written notice of breach; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
- Waiver. No waiver by VSF of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by VSF. No failure to exercise, or delay in exercising any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- Confidential Information. All non-public, confidential or proprietary information, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by one party (“Discloser”) to the other party (“Recipient”), whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as“confidential” in connection with this Agreement, is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Discloser in 2 writing. Upon Discloser’s request, Recipient shall promptly return all documents and other materials received from Discloser. Discloser shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Recipient at the time of disclosure; or (c) rightfully obtained by Recipient on a non-confidential basis from a third party.
- Force Majeure. VSF shall not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of VSF, including, without limitation, acts of God or the public enemy, flood, fire, earthquake, explosion, epidemic, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or materials or telecommunication breakdown or power outage.
- Assignment. User shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of VSF. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under this Agreement.
- Statute of Limitations. No claim or cause of action may be brought against VSF for breach of this Agreement, breach of warranty, or any other claim arising in contract, tort, or otherwise, more than one (1) year after accrual of that claim or cause of action.
- Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
- Governing Law. All matters arising out of or relating to this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio.
- Exclusive Jurisdiction. Any dispute, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Ohio, in each case with jurisdiction over Auglaize County, Ohio, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such dispute, action or proceeding.
- Notices. All notices, request, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), electronic mail (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
- Severability. In the event any of the terms and conditions contained herein is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other term or condition or invalidate or render unenforceable such term or provision.
- Intellectual Property. VSF shall retain sole ownership of all right, title, and interest in and to all its intellectual property, including, without limitation, content and materials on its website, ideas, methods, trademarks, service marks, trade names, symbols, logos, copyrights, patents, trade secrets, and know-how (collectively, the “Intellectual Property”), and no licenses to any Intellectual Property are created hereunder.
- Survival. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement. The sections of this Agreement which are intended to survive its termination shall so survive, including but not limited to Section 6, 7, 9, 10, 15, 21, and 22.
Section 3: Terms of Use
VSF Holdings Ltd, REA Group Ltd, any entity with the DBA “VSF Rentals” or “Real Estate Alpha” has updated our Terms of Service and other legal policies (See our Legal and Policy Center for all current versions), which are effective as of January 2020 and may be amended here at any time without notice.
If you have any questions about these policies, you can contact us anytime via justin@realestatealpha.io to unsubscribe, stop a subscription, or ask about the terms of use or other policies. You may also contact us at:
VSF Holdings, Ltd.
1268 East Ash Street, Suite 108
Piqua, Ohio 45356
Telephone: 1-800-816-8528
justin@realestatealpha.io
Please be sure you read these new Terms and Conditions and all other policies to make sure you understand all changes that may be important to you. Disputes about these Terms and the Services, services, and websites provided by VSF are subject to binding arbitration and a waiver of class action rights detailed in Section 14 below.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND VSF AGREE THAT DISPUTES RELATING TO THIS TERMS OR YOUR USE OF OUR SERVICES AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Terms of Service Agreement
We want to thank you for using VSF! VSF offers our customers services, content and digital tools and community to work on their personal development—in other words, your growth is our mission. VSF provides value through our coaching services and personal growth content and tools through websites, apps, livecasts, social media, members areas, community sites, and digital tools and the entire selection of services and tools offered to our audience on are our “Services”.
This Terms of Services Agreement (this “Agreement”) contains the terms under which VSF provides our Services to you and describes how the Services may be accessed and used.
You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement, including our PRIVACY POLICY, before you subscribe for our Services.
If you will be using the Services on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.
When you subscribe to our Services, or otherwise use or access the Services, you agree to be bound by these Terms and applicable laws, rules, and regulations. You may be asked to click “I accept” at the appropriate place prior to your purchase of or access to our Services. At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Services. If you do not agree to these Terms, please do not use our Services in any way.
VSF is not an accredited educational institution or marketplace or SAAS company. Our users, customers, teachers, and partners are not our employees. We are not responsible for any interactions between you and our customers, students, subscribers, teachers or users (collectively, “End-Users”), other than providing the Services for you to interact with our company. We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with End-Users, including any End-Users reliance upon any information or content that you provide or post on our platform.
1. Fees and Payments
1.1. Fees for our Services. You agree to pay VSF any fees for each Services you purchase or use in accordance with the pricing and payment terms presented to you for that Services. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify VSF of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms, described upon checkout or when required by law. Included in your fee may be technical support in respect of the Services and it is only provided to VSF customers. VSF’s support agents are not trained in psychological, therapeutic or technical support and VSF accepts no responsibility to provide such support.
1.2. Subscriptions. Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through contacting us at justin@realestatealpha.io to cancel, or if available via your online account management page or in the app where applicable, prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time by contacting us at justin@realestatealpha.io if you are unable to do so on some of our Platforms, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be automatically billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
We, through our third-party providers (VSF, Stripe, PayPal and via some app platforms like Apple App Store or Google Android platforms) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Services. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your Services or subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately. You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.
1.3. Taxes. Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority. If for any reason you are billed without sales tax on the platform you signup on, or by a technical glitch, software update, or new pricing, you will automatically be charged the appropriate sales tax in the next billing cycle without notice.
If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.
If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are required by law to withhold any Taxes from your payments to VSF, you must provide VSF with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. VSF may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. VSF will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.
2. Your Content
2.1. You Retain Ownership and Responsibility of Your Content. You retain ownership of all of your intellectual property rights in your Content. “Content” means software (including machine images), data, text, audio, video or images, and personal data. VSF does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services to you, and as otherwise described in the Terms.
You represent and warrant to us that: (a) you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through our Services; and (b) none of your Content or your End-Users’ use of your Content or the Services will violate any applicable laws or the Acceptable Use Policy.
2.2. Limited License to Your Content. While we do not claim any intellectual property rights over your Content, by uploading the Content through the Services, you grant VSF, solely for the limited purposes of providing the Services to you or to use on our platform at our discretion and as otherwise permitted by the Privacy Policy, a worldwide, royalty free license to use, display, make publicly available, and otherwise feature, sell or exploit your Content. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of our business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
2.3. VSF’s Right to Use Your Name. VSF shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your business to promote our Services. Any goodwill arising from the use of your name and logo will inure to your benefit.
2.4. Copyright and claims for Intellectual Property Infringement. VSF fully respects the intellectual property rights of others and we expect our users to do the same. If you believe a VSF user is infringing upon your intellectual property rights, you may report it to us by contacting us at justin@realestatealpha.io. If the claim is for alleged copyright infringement, we are likely required to respond in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify us in accordance with our Copyright (“DMCA”) Policy.
The contents of our Services, as well as any of our content on our affiliated Sites, are protected by copyright and trademark laws, and are the property of their owners. You may not repost or resale any of our content without permission, as it is our protected or proprietary content and assets. Unless otherwise noted, you may access and use the information and materials from the Services for your personal use only. You may not sell, change, modify, delete, display, transmit, adapt, exploit, train from, or copy for distribution any information, material, trademarks, content, or copyright featured in the Services, or any of our affiliated sites, apps, partners, or platforms. You must obtain written permission from us or any other entity who owns intellectual property on our Servcies before you may publish, distribute, display, or commercially exploit any material, and if you do not gain our written permission you may be held liable for significant damages. By using the Services, you agree to these restrictions and to abide by all copyright notices.
2.5 Non-Exclusive Services. We reserve the right to provide our Services to anyone in the world, including to your competitors, and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that VSF employees and contractors may also be VSF customers and that they may view your information or account, although they may not use your Content or confidential information outside VSF policies or procedures
3. Privacy
3.1. Privacy. While using the Services, you may submit Content to VSF (including your personal data and the personal data of others) or third parties may submit Content to you through the Services. We know that your Content is very important to you and by giving us your Content, you are trusting us to treat it appropriately. VSF’s Privacy Policy explains how we treat your Content and we agree to adhere to our Privacy Policy. You also agree that VSF may use and share your Content in accordance with the Privacy Policy and applicable data protection laws. By using the Services, you acknowledge and agree that VSF’s collection, usage, and disclosure of your personal information is governed by our Privacy Policy.
3.2. GDPR Provisions. If your business operates within the European Economic Area (EEA), as a VSF customer you are operating as a “data controller” of “personal data” of “data subjects” located in the EEA (as those terms are defined in the European General Data Protection Regulation 2016/679 (GDPR). By requesting the Services and agreeing to these Terms and the supporting VSF Privacy Policy and Data Processing Addendum, you are providing us with instructions to process any personal data collected by you through our Services, on your behalf and you acknowledge that our use and collection of personal information of any European residents is also subject to Data Processing Addendum. You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to VSF so that we may lawfully process and transfer the personal data in accordance with these Terms.
3.3. Confidentiality. VSF will treat your Content as confidential information and only use and disclose it in accordance with the Terms (including the Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to VSF before receiving it from you; (c) is received by VSF from a third party without our knowledge of breach of any obligation owed to you; (d) was independently developed by VSF without reference to your Content; or (e) posted by you on any of our sites or apps knowing that others could see your Content. VSF may disclose your Content when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
3.4. Security. VSF will store and process your Content in a manner consistent with industry security standards. We try to implement appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. If VSF becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), we will take reasonable steps to notify you without undue delay, but if possible within 72-hours of becoming aware of the Security Incident. VSF will also reasonably cooperate with you in regards to any investigations relating to a Security Incident by helping to prepare any required notices and providing any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by VSF, subject to our Guidelines for Legal Requests.
4. VSF’s Intellectual Property
4.1. Services License. Neither the Terms nor your use of the Services grants you ownership in the Services or any content you access through the Services (other than your Content). The Terms also do not grant you any right to use VSF’s trademarks or other brand elements. We or our licensors own all right, title, and interest in and to the Services, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services solely in accordance with the Terms. Except as provided in this Section 4.1, you obtain no rights from us, our affiliates, or our licensors to the Services, including any related intellectual property rights. If you are accessing our Services through an app, subject to your compliance with the Terms, VSF grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control for your own personal or internal business purposes. If the app is accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded Services that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
4.2. License Restrictions. You may not use the Services in any manner or for any purpose other than as expressly permitted by the Terms. You will not, or will not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Services or any of our tools or proprietary processes; (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software or app included in the Services (except to the extent applicable law doesn’t allow this restriction); (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) resell or sublicense the Services; or (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any apps, sites or tools associated with the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
5. User Content
5.1. User Content. The Services may display content provided by others that VSF does not own. Such content is the sole responsibility of the entity that makes it available. Additionally, as stated in Section 2.1, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. VSF is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use any Content from or on our Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.
5.2. Content Review. VSF does not have an obligation to monitor or review any Content submitted to the Services nor do we pre-screen any Content. You acknowledge that, in order to ensure compliance with legal obligations, VSF may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms, including our Acceptable Use Policy (such as when unlawful content is reported to us). We have the sole discretion to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. It is in our sole discretion to refuse or remove any Content from the Services or platform.
5.3. Third Party Resources. VSF may publish links or provide information in its Services to internet websites maintained by third parties. We do not monitor or have any control over, and we make no claim or representation regarding any such third party offerings and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third party offerings. Your use of any third party offerings provided by our Services or a third party website is at your own risk. You should review such third party’s applicable terms and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Services are the property of their respective owners. When you click on a link to a third-party site, ad or app, we will not warn you that you have left VSF and are subject to the terms and conditions (including privacy policies) of another website or destination.
6. Account Management
6.1. Keep Your Password Secure. If VSF has issued an account to you in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not VSF, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify VSF immediately at justin@realestatealpha.io. Accounts may not be shared and may only be used by one individual or organization per account as purchased.
6.2. Keep Your Details Accurate. VSF occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, VSF will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. VSF may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) at any time at our discretion. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
6.5. Customer Success. VSF may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
6.6 Your account phone number and SMS/Text.
When you provide your phone number to us, we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or sms messages related to VSF services, or related brands or programs. You can opt-out of receiving any future SMS/text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our Services, you hereby grant us permission to text you until you reply STOP. If for any reason our system does not receive your STOP request, you waive any claims against us and we ask you to email us at justin@realestatealpha.io to let us know if you are continuing to receive any unwanted messages.
7. User Requirements
7.1. Legal Status. If you are an individual, you may only use the Services if you have the power to form a contract with VSF. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms
7.2. Minors. “Minors” are individuals under the age of 18 (or a higher age as provided in certain countries and territories). The Services is not intended for use by Minors without supervision of or recommendation by their caregiver. Services is not directed at children under the age of 16 and VSF does not knowingly collect personal information from children. In your use of the Services, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA).
7.3. Embargoes. You are not permitted to use our Services if you are, or you are owned or controlled directly or indirectly by, any person, group, entity, or nation, named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule, or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (collectively, a “Prohibited Person”) By using our Services you represent and warrant that (i) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity, or nation that is) acting directly or indirectly for or on behalf of any Prohibited Person; (ii) you have not conducted nor will you conduct business nor have engaged nor will you engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iii) you are not prohibited by any sanctions program as maintained by OFAC from using VSF’s Services, including those sanctions programs currently in effect with respect to Iran, North Korea, or Venezuela.
Furthermore, it is your responsibility to ensure that you do not provide access to the Services to any Prohibited Persons.
7.4 Compliance with Laws. You must always use the Services in compliance with, and only as permitted by, applicable laws. There are various federal, state, and international specific laws, requirements, guidelines, and/or standards (collectively, “Laws”) that apply or may potentially apply to your Content, business, websites, and/or mobile applications, including, but not limited to those related to privacy and data security (such as the California Consumer Privacy Act (CCPA) or the EU General Data Protection Regulation (GDPR)), the accessibility of websites and/or mobile applications, taxes, the Health Insurance Portability and Accountability Act (HIPAA), and subscriptions and auto-renewals. VSF is not HIPAA compliant and currently we have no plans to become so. Accordingly, you may not use the Services to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information. Any information provided by VSF in content, help articles, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. VSF cannot provide you with any therapeutic, financial or legal advice and encourages you to consult with professionals of your own selection and at your own expense. You agree that you are solely and exclusively responsible for your Content and the entirety of your Content, including compliance with Laws.
8. Acceptable Uses
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services. If we become aware of any conduct or Content that falls outside the bounds of what is acceptable under this policy, we will take all appropriate action, including removing it and reporting it, as well as suspending or terminating your account. We also take steps to prevent uses of our Services that are contrary to the spirit of this policy.
- Unless authorized by VSF in writing, you may not probe, scan, or test the vulnerability or security of the Services or any VSF system or network.
- Unless authorized by VSF in writing, you may not use any manual or automated system or software to extract or scrape data from websites or other interfaces through which we make our Services available.
- You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
- You may not purchase, use, or access the Services for the purpose of building a Services or service that is competitive to VSF or for any other competitive purposes.
- You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.
- You may not circumvent or attempt to circumvent any limitations that VSF imposes on your account (such as by opening up a new account to create or distribute Content that we have closed for a violation of our terms or policies).
- You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
- You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
- You may not use the Services to infringe the intellectual property rights of others.
- Unless authorized by VSF in writing, you may not resell or lease the Services.
- If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless VSF has agreed with you in writing otherwise. You may not use the Services in a way that would subject VSF to those industry-specific regulations without obtaining VSF’s prior written agreement.
- You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA), any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information.
- You may not register accounts by “bots” or other automated methods.
- We may offer content like images or video that are provided by third parties. You may use that material solely in your content. VSF may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your content is affiliated with or run or endorsed by any company, Services, brand, or service depicted in that material unless you have obtained their permission.
- You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. VSF will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to VSF.
- To the extent that you use the Services to record or monitor calls or other communications, failing to comply with all applicable laws related thereto, including securing any required prior consents.
- We will suspend any use of the Services that come to our attention that: (a) attempts to collect social security numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Services), passwords, or other similar types of sensitive information; (b) publishes a person’s sensitive identifying information against their wishes; (c) is intended to deceive or mislead recipients, including by linking to websites with malicious software such as malware; or (d) knowingly and artificially boosts or inflates a website or webpage’s search engine ranking.
- You may not impersonate others when using the Services or collecting information. We don’t like username extortionists. If you create or purchase a VSF account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.
- We remove content and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists. Our Services may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, or property damage. Our Services may not be used for hate speech, or to promote or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law.
- Our Services may not be used to promote or glorify self-harm.
- VSF is committed to inclusion. We are an equal opportunity organization and will not allow discrimination based upon race, color, religion, national origin or citizenship status, sex, gender identity or expression, pregnancy, sexual orientation, age, size, disability, military status, socioeconomic background, or any other status prohibited by applicable law. If you use our Services, you must be willing and able to attest that you do not discriminate on any of the above grounds in order to receive services from us. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by us in our sole discretion, may be taken into consideration. We reserve the right to refuse service to anyone for any reason at any time.
- You may not offer goods or services, or post or upload Content, that contravene or that facilitate or promote activities that contravene the laws of the jurisdiction in which you operate or do business.
- You may not offer goods or services, or post or upload Content, that imply or promote support or funding of, or membership in, a terrorist organization.
- You may not offer goods or services, or post or upload Content that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner, or asking for personally identifiable information.
- You may not offer goods or services, or post or upload Content that is defamatory, obscene, indecent, offensive, abusive, or otherwise objectionable. You may not include pornographic or gratuitously graphic violent material.
- We require that all our users respect the intellectual property rights of others. You must have the appropriate rights to any Content you use or include through the use of our Services.
We may, at any time and without notice, remove any Content and suspend or terminate your account or access to our Services if you engage in any of the activities that violate the policies herein, including activities outside of your use of the Services.
We have the right, but not the obligation, to monitor or investigate any Content and your use of the Services at any time for compliance with these terms or any other agreement between you, VSF or related parties governing your use of the Services. Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this policy or any other terms, including taking now action at all, will be at our sole discretion.
9. Suspension and Termination of Services
9.1. By You. You can terminate your Subscription and delete your account at any time through your account management page if applicable on any given platform, or you can do so by writing us at justin@realestatealpha.io. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, unless the termination is due to our material, uncured breach or a refund is required by law. If you cancel a monthly or annual payment, or you choose not to renew, please note that you will lose all access to the content, bonuses, websites, membership areas, and community associated with that monthly or annual offer.
9.2. By VSF. VSF may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. VSF may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. VSF may immediately suspend performance or terminate your Subscription if you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach. Additionally, VSF may immediately limit, suspend, or terminate the Services to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where VSF may decide that we need to take immediate action without notice. VSF will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. VSF has no obligation to retain your Content upon termination of the applicable Service.
9.3. Further Measures. If VSF stops providing the Services to you because you repeatedly or egregiously breach these Terms, VSF may take measures to prevent your further use of the Services, including blocking your IP address.
10. App Stores.
You acknowledge and agree that the availability of the app(s) associated with our Services is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that thes terms are between you and VSF and not with the App Store. VSF, not the App Store, is solely responsible for our Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., Services liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with VSF, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these terms and will have the right to enforce them.
11. Changes and Updates
11.1. Changes to Terms. You acknowledge and agree that VSF may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on our website in our Legal and Policy center. If an amendment is material, as determined in VSF’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Services, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
11.2. Changes to the Services and Services. We are continually changing and improving our Services. VSF may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. VSF may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. VSF may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances. VSF may also change the dates, venues, accommodations, frequency, or event details of its live, in-person seminars or lives shows at its discretion without re-imbursement as it seeks to provide safe and excellent facilities and service at its events.
11.3. Downgrades. Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
12. Disclaimers and Limitations of Liability
12.1. Disclaimers. While VSF strives to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about our Services. We try to keep our Services up, but they may be unavailable from time to time for various reasons. From time to time, VSF may offer new services, “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY INFORMATION, GUIDANCE, TOOLS, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND VSF DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Some of our Content may feature insights or recommendations for businesses. We don’t believe in “get rich” programs – only in hard work, adding value, building a real and professional career, and serving others with excellence and constancy. Our programs take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing/get rich quick” myth or ideology; we only want serious people dedicated to real personal and professional development, who want to add value and move humanity forward. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? You should know that all Services by our company, and our affiliates, are for educational and informational purposes only. Nothing in our Services is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced through any financial or business-related content are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any business information presented in our Services should be done with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, and under any circumstance.
12.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VSF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF VSF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF VSF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO VSF FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
12.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
13. Indemnification
13.1. General. You agree that you are solely and exclusively responsible for the entirety of your Content and your interactions with all VSF users. To the fullest extent permitted by law, you will indemnify and hold harmless VSF and its affiliates, officers, agents, licensors, teachers, providers, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or related parties use of the Services; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and any third party.
You are solely responsible for your communications an interactions with other users of VSF Services, including on our app or community sites, and you understand that VSF does not attempt to screen, verify or represent any post by other users on our platforms.
You agree that the information contained in or made available through the Services (including but not limited to information contained on livecasts, videos, blogs, message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Services. Neither we or our affiliates, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or any other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Services, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
13.2. Intellectual Property. You will defend VSF and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
13.3. Process. We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.
14. Resolving Disputes; Arbitration Agreement; Governing Law.
14.1. Resolving Disputes. If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against VSF, you agree to try to resolve the dispute informally by contacting justin@realestatealpha.io. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, or another duration VSF determines, you or VSF may bring a formal proceeding.
14.2. Judicial Forum for Disputes. You and VSF agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in San Juan Peurto Rico, subject to the mandatory arbitration provisions below. Both you and VSF consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
14.3. Mandatory Arbitration Provisions. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and VSF agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at justin@realestatealpha.io.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Juan, Puerto Rico, the United States county where you live or work, or any other location we agree to, in person or virtually. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
Exceptions to Agreement to Arbitrate. Either you or VSF may assert claims, if they qualify, in small claims court in San Juan Puerto Rico, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of San Juan Puerto Rico to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
14.4. Governing Law. These Terms, will be governed by U.S. or Puerto Rico law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
15. Other Terms
15.1. Assignment. You may not assign these Terms or your rights to use our Services without VSF’s prior written consent, which may be withheld in our sole discretion. VSF may assign these Terms at any time without notice to you.
15.2. Entire Agreement. These Terms, and any other policy located in our Legal and Policy Center constitute the entire agreement between you and VSF, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
15.3. Independent Contractors. The relationship between you and VSF is that of independent contractors, and not legal partners, employees, or agents of each other. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
15.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
15.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
15.6. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
15.7. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
15.8. Survival. The following sections will survive the termination of these Terms: 1, 2.2, 3, 10, 12, 13, 14, and 15.
15.9. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
Contact: Email anytime at justin@realestatealpha.io.