Terms of Use

Last Updated: [August 7, 2020]

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS FOR USING THIS MOBILE APP.  BY USING THIS MOBILE APP, YOU CERTIFY THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MANDATORY ARBITRATION. 

These Terms of Use govern your use of the Vartender mobile app (the “Service”).  The Service is for persons 21 years of age and older.  You may not use the Service if you are under 21.  We may use tools to control access to the Service.  You agree not to disable, tamper, or circumvent these tools.

The Service is owned and operated by Vartender, LLC (“we” or “us”). By using this Service, you agree to be bound by these Terms of Use and to use the Service in accordance with these Terms of Use, our PRIVACY POLICY (https://vartender.com/privacy-policy) and any additional terms and conditions that may apply to specific sections of the Service or to products and services available through the Service. Accessing the Service, in any manner, whether automated or otherwise, constitutes use of the Service and your agreement to be bound by these Terms of Use.    

We reserve the right to change these Terms of Use or to impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Use.  You may not be notified independently or directly by Vartender, LLC of any changes to these Terms of Use.  By continuing to use the Service after we post any such changes, you accept the Terms of Use, as modified.

Account and Registration

Portions of the Service may require you to create an account.  The information you provide must be accurate and complete.  You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your account.  You must notify us immediately of any unauthorized use of your account or any other breach of security.  You could be held liable for losses incurred by Vartender, LLC or another party due to someone else using your account or password.

License and Restrictions

Vartender, LLC grants you a limited license to use the Services for your personal use only.  In using the Service or any of its content, you agree not to do (or allow a third party to do) any of the following:

  1. Commercially exploit the Service;
  2. Distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Service, any passwords or usernames, or any copies of the Service, without our express prior written consent, except as allowed under these Terms and Conditions;

iii.          Make a copy of the Service or any portion of the Service, except as allowed under these Terms and Conditions;

  1. Make a copy of the Service, or any portion of the Service, publicly available or available on a network for use or download by multiple users;
  2. Use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the material’s owner;
  3. Use any meta-tags or any other “hidden text” using “Vartender,” our affiliates, or partners without our express written permission.

vii.         Use any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;

viii.       Except as otherwise specifically provided by the Service or these Terms and Conditions, use or install the Service (or permit others to do same) on a network, for online use, or on more than one device at the same time;

  1. Use or copy the Service from any location-based site;
  2. Reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modifying the Service, in whole or in part;
  3. Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;

xii. Misrepresent the source of ownership of the Service;

xiii. Scrape, build databases or otherwise create permanent copies of content returned from the Service;

xiv. Post on or submit to the Service any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law, including intellectual property laws, and rights of privacy and publicity; or

  1. Impersonate any person or create a false identity during the use of the Service.

PRIVACY POLICY

Use of the Service is subject to our PRIVACY POLICY [https://vartender.com/privacy-policy].

Links and Third Party Products and Services

The Service may contain links to web sites controlled or offered by third parties (non-affiliates of Vartender, LLC. Vartender, LLC hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site.  By creating a link to a third party web site, Vartender, LLC does not endorse or recommend any products or services offered or information contained at that web site, nor is Vartender, LLC liable for any failure of products or services offered or advertised at those sites.  Such third party may have a privacy policy different from that of Vartender, LLC  and the third party website may provide less security than the Vartender, LLC Service.  If you link to any such third party web sites, you do so entirely at your own risk.  We may offer third-party products or services through the Service.  If you use any of these third-party products or services, you assume all risks and liabilities related in any way to those products and services.

No Warranty

This Service and the information and materials contained in this Service, are provided “As Is”, “As Available”.  Vartender, LLC and its affiliates, employees, directors, officers, agents, or representatives do not warrant or represent the accuracy, adequacy, reliability, or completeness of this Service or that the Service will operate without interruption or be error free; nor do any of them make any warranty as to the results that may be obtained from the use of the Service.  Vartender, LLC and its affiliates, employees, directors, officers, agents, or representatives expressly disclaim all warranties, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, accuracy, and freedom from computer virus.

Limitation of Liability

In no event will Vartender, LLC or any of its affiliates, employees, directors, officers, agents, or representatives be liable to you or to any other person for any damages, including without limitation (a) direct, indirect, special, incidental, or consequential damages, losses, lost profits, or expenses arising in connection with this Service; or (b) use of the Service or inability to use by any party, or in connection with any failure of performance, error, loss of data, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Vartender, LLC, or its affiliates, employees, directors, officers, agents, or representatives are advised of the possibility of such damages, losses, or expenses.  If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Vartender, LLC under such circumstances shall not exceed one hundred dollars ($100.00).

Intellectual Property

Unless otherwise noted, the Service and its content is a copyright, trademark, trade dress or other intellectual property owned, controlled or licensed by Vartender, LLC, one of its affiliates or by third parties who have licensed their materials to Vartender, LLC and are protected by U.S. copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on the Service is the exclusive property of Vartender, LLC and is also protected by U.S. copyright laws.  Vartender, LLC and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Service.  Access to this Service does not confer and shall not be considered as conferring upon anyone any license under any of Vartender, LLC’s or any third party’s intellectual property rights.

Submissions

All information, comments, feedback, suggestions, or other submissions disclosed, offered, submitted, or transferred to Vartender, LLC via this Service or in connection with the use of this Service (“Submissions”) shall be deemed and remain the property of Vartender, LLC.  Vartender, LLC shall be free to use, for any purpose, the Submission, or any idea, concepts, know-how or techniques contained in the Submission.  Such disclosure, offer, submission, or transfer of such Submissions shall constitute an assignment to Vartender, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submission.  Vartender, LLC shall not be subject to any obligations of confidentiality regarding the Submission except as agreed by Vartender, LLC or as otherwise specifically agreed or required by law.

Availability

This Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.  If you choose to access or use the Service from outside the United States, you are responsible for compliance with all applicable foreign and local laws.

Indemnification

You agree, upon Vartender, LLC’s demand, to defend, indemnify and hold Vartender, LLC and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Service.

General

If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect.  The failure of Vartender, LLC to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Vartender, LLC’s rights with respect to such breach or any subsequent breaches.  The Terms of Use shall be governed by and construed under Virginia law without regard to conflicts of law provisions.

Arbitration

Any action or proceeding arising out of or related to the Terms of Use or your use or access of this Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules  and judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction.  There shall be no authority for any claims to be arbitrated on a class action basis.  Such arbitration claims shall be heard by a single arbitrator.  The place of arbitration shall be in Fairfax County, Virginia.  Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.  Any cause of action you may have against Vartender, LLC arising out of or related to the Service must be brought within one (1) year after the action arose, otherwise such action will be permanently barred.

Termination

Vartender, LLC may terminate your access to this Service, change the Service, or delete content or features on the Service at any time and for any reason or no reason.

Copyright © 2020 Vartender, LLC

Vartender, LLC [info@vartender.com]