Terms of Use

Last Updated: October 2, 2024

Thank you for visiting Vacant.com. These Terms of Use (“Terms”) create a legal agreement between you (“You” or “Your”) and Vacant.com Inc. (“Vacant,” “we,” or “us”) that governs your access to and use of the website available at www.vacant.com and the information and materials available on this website (collectively, the “Vacant Site”). By accessing any portion of the Vacant Site, you agree to be bound by these Terms, which may be amended from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on the Vacant Site and/or updating the “Last Updated” date above. Your continued use of the Vacant Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to these Terms (as amended), you must stop using the Vacant Site.

1. Intellectual Property Ownership and Limited License

The Vacant Site, including the text, images, photographs, videos, information, data, software, and other content and materials contained therein (and the selection, arrangement and presentation thereof), are owned by Vacant or our licensors and are protected under both U.S. and international laws. Except as explicitly stated in these Terms, all rights in and to the Vacant Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license only to access and use the Vacant Site for non-commercial, informational purposes. Vacant does not grant you any rights in its marks or any other product or service name or slogan contained on the Vacant Site. Any other access, use, copying, distribution, retransmission or modification of the Vacant Site, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

2. Third-Party Links

The Vacant Site may contain links to third-party websites, advertisers, products, services, or other activities or events that are not owned or controlled by Vacant (collectively, “Third-Party Content”). Your dealings or correspondence with Third-Party Content and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content or the privacy practices of any third parties, and your access to and use of such Third-Party Content and interaction with such third parties is at your own risk.

3. Privacy

We reserve the right, and you authorize us, to the use and assignment of all information submitted or collected by or about you on or through the Vacant Site in accordance with our Privacy Policy.

4. Location

The Vacant Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in these Terms. The Vacant Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you use the Vacant Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Vacant Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

5. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold us and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns and affiliates (collectively, “Vacant Parties”) harmless from any liability, loss, claim and expense related to (a) your violation of these Terms, (b) violation of applicable law or third?party rights (including, without limitation, patent, trademark, copyright, trade secret or other intellectual property rights), (c) willful misconduct and (d) use of the Vacant Site.

You agree to promptly notify Vacant and the Vacant Parties of any third-party claims, cooperate with us and the Vacant Parties in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You also agree that Vacant will have control of the defense or settlement, at our sole option, of any third-party claims.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Vacant and the Vacant Parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, warranty or otherwise, for any special, indirect, incidental or consequential damages, or lost profits, even if we or any Vacant Parties have been advised of the possibility of such damages. In no event shall our aggregate liability or the aggregate liability of any Vacant Parties, whether in contract, warranty, tort or other theory, arising out of or relating to these Terms and/or the Vacant Site exceed the greater of fifty dollars ($50.00).

7. Disclaimer of Warranties

Except as expressly provided in writing by us, the Vacant Site is provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that the Vacant Site is accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Vacant Site.

We may make changes to the features, functionality or content of the Vacant Site at any time. We reserve the right in our sole discretion to edit or delete any content appearing on the Vacant Site.

8. Governing Law and Venue

Any dispute arising from these Terms and your use of the Vacant Site will be governed by and construed and enforced in accordance with the laws of Delaware without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

9. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that communications and transactions between you and Vacant may be conducted electronically.

10. Contact

If you have any questions or comments regarding the Vacant Site or these Terms, please contact us at sale@vacant.com