Terms and Conditions
I. Terms and Conditions
This website is owned and operated by VARE LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors personal/virtual assistance, marketing services, digital products, matterport tours, coaching services and more. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Other VARE LLC Web Site pages may be subject to additional terms and conditions that are specific to such sites and/or pages. These terms apply to any features, services, or discounts offered on these web sites and/or pages. It is the user's responsibility to read and abide by these terms.
II. Limitation of Liability
Under no circumstances will VARE LLC or an Affiliate be liable for any indirect, incidental, consequential or special damages (including lost profits) of any form incurred by any person, whether or not foreseeable and regardless of the form of the act in which such a claim may be brought, with respect to the Plan. VARE LLC will not be liable to Client for any failure or delay caused by events beyond VARE’s control, including, without limitation, Client's failure to furnish necessary information, failures or delays in transportation or communication, failures or substitutions of equipment, severe weather, labor disputes, accidents, global or national pandemic, shortages of labor, fuel, raw materials, or equipment, or technical failures. even if VARE LLC or representatives thereof, are advised of the possibility of such damages, losses or expenses.
VARE LLC may provide links to other websites, that are controlled or offered by third-party sites. VARE LLC disclaims responsiblity for any third-party contents, information, products or services posted or offerd. VARE LLC may create links to a third-party website but is not liable for any failures or changes to any products or services that are offered or advertised at those sites. Those sites may have different security levels and privacy policies, so be sure to read their policies before you use them. We don’t endorse any content or services offered on those sites.
IV. Use of Website
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. VARE LLC is not responsible for any additional fees for the services/products and any other charges you may incur in connection with your use of the service/product (such as taxes and possible transaction fees).
VI. Refunds & Returns
No returns or refunds will be given once work has started for any services. No refunds or returns will be given for any digital downloads. Some services may allow for a reschedule or additional revisions in the case of a mistake that could have been avoided by VARE LLC.
VII. Right to Change Offerings
VARE LLC may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, virtual/Matterport tours and all Intellectual Property Rights related thereto, are the exclusive property of VARE LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Each Party will retain ownership of all of its intellectual property owned prior to entering into this Agreement. Client will own the final product of each project performed by VARE LLC, and VARE shall have a fully-paid, worldwide, perpetual, nonrevocable license to use the final product for its own marketing, training, and educational purposes. Any other materials, know-how, information, research, or processes developed by VARE LLC shall belong to VARE LLC and nothing shall prevent VARE LLC from using any techniques, practices, know-how, or information it develops or obtains during this Agreement with other clients.
IX. Right to suspend or cancel user account
VARE LLC may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
Client shall indemnify, defend, and hold harmless VARE LLC and VARE LLC’s employees from any and all claims, liabilities, damages, and expenses, including attorney’s fees, investigation costs, and court costs arising from or relating to (a) any of the direction, decision, or instruction provided by Client; (b) Client’s breach of this Agreement; or (c) Client’s failure to inform VARE LLC of any laws, regulations, third party rights, guidelines, or other liabilities applicable to the Services. This indemnification and hold harmless section shall not apply where such liabilities or damages arose from the reckless or intentional acts of VARE LLC or where prohibited by law.
XI. Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
XII. Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
XIII. Dispute Resolution
VARE LLC and Client recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. If a dispute arises, the Parties will first attend guided mediation to seek a resolution. Failing resolution of conflict via mediation, disputes will be settled solely by confidential binding arbitration. The place of arbitration will be Cook County, IL and a single arbitrator will be appointed by mutual consent of the Parties within 10 days of receiving notice to such arbitration. If the Parties cannot agree on a single person, such person will be appointed in accordance with the American Arbitration Association's (AAA) Commercial Arbitration Rules (AAA Rules) and such arbitrator must not be employed by either of the Parties. Except where clearly prevented by the area in dispute, both Parties agree to continue performing their respective obligations under this Agreement while the dispute is being resolved unless and until such obligations are terminated or expire in accordance with the provisions in this Agreement. The Parties shall each be responsible for their own dispute resolution costs, except that the arbitrator shall award all costs and attorneys’ fees to the prevailing party, if there is one.