These Terms of Use ("Terms") govern the use of the websites owned and operated by Vihara.ai, along with its affiliates and subsidiaries (referred to collectively as "we", "us", "our", "Vihara.ai", or the "Company"), including www.vihara.ai and any other website where these Terms are published ("Websites"). These Terms also extend to all tools, documents, applications (including mobile applications), and other services provided by Vihara.ai. Together, we refer to these Websites, tools, and applications as "Services." Please review this document carefully as it constitutes a legally binding agreement between you, your heirs, representatives (collectively referred to as "you"), and Vihara.ai.
Below certain sections, we've added annotations that are not legally binding but serve to emphasize important points and aid in understanding the text.
By accessing or utilizing the Services, you are consenting to abide by these Terms of Use and engaging in a legally binding agreement with us. If you do not agree with the Terms of Use, which include the mandatory arbitration clause and class action waiver outlined in Section 13 below, you are not permitted to utilize the Services or establish an account.
As our business evolves and advances, we reserve the right to modify these Terms of Use periodically and will publish an updated version on this page. We encourage you to check regularly for any revisions. In the event of any significant alterations to these Terms of Use, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following such changes will signify your acceptance of the updated terms.
By utilizing the Services, you are consenting to be legally bound by this agreement, which includes the binding arbitration clause provided below. We reserve the right to modify this agreement periodically, so please ensure to check this page regularly.
To use the Services, you must be at least 18 years old or, if the age of majority in your jurisdiction exceeds 18 years old, you must meet the age of majority requirement. You have the option to create an account and supply specific details, such as a valid email address and password. If you wish to participate in auctions, make offers, or engage in marketing events, registration with us is necessary. You agree to furnish accurate and truthful information and to maintain its accuracy and currency. Safeguarding the confidentiality and security of your information is your responsibility, and you agree to notify us promptly of any unauthorized use. Your password should not be shared with third parties unaffiliated with us. You are solely accountable for all activities conducted under your password, account, username, or registration, whether by you or others. We are entitled to act upon instructions received via your account or registration and bear no liability for any losses resulting from your non-compliance with this provision. By providing your information, you consent to our contacting you regarding your interest in us or the Services through email, phone, or any other provided contact information. Refer to Section 15.B. for further details. You can opt out of marketing communications by following the instructions in our Privacy Statement.
The Services are designed for users aged 18 and above, therefore, you MUST be 18 years old to access them. When creating an account or registering, it‘s crucial to maintain accurate and current information to ensure we can reach you with updates about the Services. You are accountable for your account and registration details. Should you forget your password or suspect unauthorized access to your account, please contact us promptly for assistance.
All components of the Services, encompassing the selection, compilation, arrangement, and presentation of all materials on the Websites, tools, and applications, are subject to copyright owned by us or our licensors and content suppliers. They are safeguarded by U.S. and international laws. By using the Services, you consent to comply with all applicable copyright laws, including any notices or restrictions posted on the Services. You acknowledge that the use of any content from the Services without our explicit prior written consent is strictly prohibited. You are not entitled to any proprietary rights, including intellectual property rights, in or to the Services. Recognize that the Services are valuable commercial products, developed with significant time and financial investment.
Usage of our trademarks, trade names, service marks, copyrights, or logos in a manner that suggests ownership or association with you is prohibited unless you have obtained our written consent. You acknowledge that you possess no ownership rights in or to any of these items.
Framing of the Websites is not permitted. You may link to the Websites, under the condition that you acknowledge and agree not to link the Websites to any site containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content, or information that violates any intellectual property, proprietary, privacy, or publicity rights.
The content provided on the Services is protected by copyright. While you are permitted to use the content, you are not allowed to modify it or remove any copyright notices without obtaining our permission. Employing your web design skills to frame our Websites and misrepresent them as your own is prohibited. Additionally, linking to our Websites from sites containing objectionable content is not permitted.
The Services are solely owned by us. Nonetheless, we provide you with a limited, non-exclusive, non-transferable license to access and utilize the Services solely as outlined in the Terms of Use. You agree not to use, replicate, adapt, alter, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Services, except as explicitly permitted in these Terms of Use. Any infringement of these license terms by you may result in immediate termination of your right to use the Services. We retain all rights, titles, and interests not expressly granted under this license to the fullest extent permitted by applicable laws.
While we possess ownership of the Services, we permit your usage strictly in compliance with the Terms of Use. Failure to adhere to these regulations may lead to the termination of your access to the Services.
To use the Services, you must comply with several rules. You agree not to:
- Breach these Terms of Use;
- Engage in automated scraping, monitoring, or copying of any portion of the Services using robots, scrapers, or similar methods, except for manual access to publicly available sections;
- Violate the restrictions set in robot exclusion headers of the Services or bypass measures preventing or restricting access;
- Create derivative works from the Services;
- Engage in activities that compete with our business or affect our revenue;
- Compromise our computer systems or transmit harmful software like viruses or worms;
- Disrupt the use and enjoyment of the Services by others;
- Attempt unauthorized access to the Services;
- Utilize any part of the Services for unsolicited mailings or spam;
- Infringe upon the rights of third parties, including copyright, trademark, privacy, or any other intellectual property rights;
- Engage in threatening, stalking, harming, or harassing behavior towards others, misleading or deceiving others, promoting bigotry or discrimination, defamation, or any other objectionable conduct;
- Solicit personal information, promote illegal substances, or submit/transmit pornography;
- Violate any laws.
To access the Services, you must adhere to our guidelines. These rules are established to maintain the safety and enjoyment of the Services for all users.
You bear full responsibility for all content you post, transmit, upload, or otherwise contribute to the Services ("Submissions"). These Submissions may be associated with your actual name or username. Once published, you cannot retract these Submissions. Unless stated otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferable, royalty-free, perpetual, irrevocable, and fully sublicensable right to utilize, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions globally in any form.
You affirm that you own or control all rights to your Submissions, ensuring they do not breach the Terms of Use or harm any individual or entity. We do not assume responsibility or liability for any content, opinion, recommendation, or advice provided in your Submissions or by any third party. We reserve the right to post our own versions of content (including property photos or descriptions) at our discretion.
You authorize us to enforce copyright and other intellectual property claims against third parties who have scraped, copied, or distributed your Submissions without authorization and in violation of the Terms of Use.
Review our Privacy Statement before making any Submissions. If you disagree with our Privacy Statement, refrain from making any Submissions.
In addition to adhering to the rules in these Terms of Use, you agree to the following guidelines when making Submissions. This list is not exhaustive, and we reserve the right to determine what constitutes inappropriate use of the Services. Inappropriate conduct may lead to appropriate measures at our discretion. By way of example:
- Maintain a courteous demeanor towards other users, even when encountering disagreeable content
- Keep Submissions relevant and avoid promoting other products, services, or fundraising endeavors;
- Refrain from infringing upon our rights or those of third parties;
- Do not impersonate others or create Submissions from fake or anonymous profiles;
- Acknowledge our non-liability for Submissions made by you or others;
- Understand our right to remove or edit content and Submissions at our discretion;
- Avoid inappropriate content, including personal attacks, offensive language, or fraudulent material;
- Obtain consent before sharing images of individuals, especially minors;
- Do not distribute viruses or files capable of damaging computers;
- Acknowledge our authority to delete, modify, or remove Submissions at any time, with the responsibility to backup such content resting solely on you;
- Understand the inherent risk in using the Services, recognizing that Submissions may not always be accurate. While we may monitor Submissions, we are not obligated to do so.
You bear responsibility for all submissions you make to the Services and acknowledge that we are not obliged to publish or maintain any content you provide. Once information is posted online, it may be challenging to remove, particularly if multiple copies exist. By uploading content to the Services, you grant us permission to distribute it in various forms (such as promotional materials). If a third party uses your content in a manner that breaches these Terms of Use, you agree that we may pursue legal action against that party. All submissions must adhere to our guidelines.
We've established and reasonably enforced a policy for terminating subscribers and account holders of our Services who repeatedly infringe copyrights. If you believe that your copyright, or the copyright of someone you represent, has been infringed, you can send a written DMCA Notice of Alleged Infringement ("Notice") to our Copyright Agent. Your Notice must include the following:
- Identification of the copyrighted work you claim has been infringed, or a representative list if multiple works are involved.
- Identification of the infringing material to be removed or disabled, along with sufficient information for us to locate it, including the URL if it's on our website.
- Your mailing address, telephone number, and, if available, email address.
- Affirmation of the following statements within the Notice:
- "I believe in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "The information provided in this Notice is accurate and, under penalty of perjury, I declare that I am the owner of the copyright or have the authority to act on behalf of the copyright owner."
- Your full legal name and either an electronic or physical signature.
Deliver this Notice, with all items completed, to Company’s Copyright Agent at trisha@vihara.ai.
You can leave a message for our Copyright Agent at (916) 813-4649, but you cannot use this number to submit a Notice or to notify us of alleged copyright infringement. To be valid, a Notice must follow the instructions written above and must be in writing.
Follow the precise procedure outlined here to notify us of any alleged copyright infringement on the Services.
You agree that your use of the Services is at your own risk and acknowledge that all information contained in the Services is provided “as is” and “as available,” and that we disclaim all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representations or guarantees regarding the compatibility of the Services with your equipment or the absence of errors, interruptions, viruses, or other harmful elements, and we disclaim any liability related to such matters. You agree that we may change the content or technical specifications of the Services at any time at our discretion, which may affect your ability to access the Services.
We make no guarantees, representations, or warranties regarding the accuracy, reliability, completeness, or uninterrupted availability of the Services or the information available through them. Any documents, pictures, or other information provided on the Services are for informational purposes only and may not reflect the current condition of a property. Posting pictures on the Services does not guarantee the presence of represented items when a buyer takes possession of a property. It is recommended that you conduct your own due diligence and seek independent advice, including legal advice, to ensure the accuracy of all information obtained.
You understand and acknowledge that the information provided through the Services may change and should be checked frequently for updates. Some content, services, and information available through the Services may belong to or be submitted by third parties, and you agree that we are not responsible for such content, services, or information. Third-party content may have additional terms of use that you agree to by accessing it. We do not endorse or control the content of other websites, services, or goods linked to or from the Services.
Any use of third-party content, services, and information is at your own risk and should be used for internal valuation or management purposes within the scope of your licensed or regular business activity. We and third-party providers of such content, services, and information are not liable for any losses, costs, or damages arising from the misuse of, errors in, or miscalculations of value contained in such content, services, and information. Valuation reports, pricing, or property information provided through the Services do not constitute an appraisal or broker price opinion and are provided on an “as-is, as available” basis. You agree not to use the Services for commercial exploitation and to evaluate the merits and risks of purchasing a property using the Services, consulting legal and tax professionals as needed.
You assume all risks associated with using the Services, as we do not oversee or take responsibility for every aspect of them. For instance, we don't verify the accuracy of the content, so you should exercise caution when using it. It's especially important for you to conduct your own research on properties listed on the Services and refrain from relying solely on the information provided when making decisions about them.
Under no circumstances, including negligence, shall we, our subsidiaries, or affiliates be held liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of or inability to use the Services. This includes damages caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure associated with your use of the Services, even if we have been advised of the possibility of such damages. Depending on the applicable law, limitations or exclusions of liability for incidental or consequential damages may not be permitted. Therefore, the aforementioned exclusions and limitations may or may not apply to you. To the extent allowed by law, our total liability associated with the Services for damages will not exceed the amount you paid to access the Services or one hundred dollars ($100), whichever is greater.
Unless provided otherwise by state law, we are not responsible for any problems arising from your use of the Services. Our liability will not exceed the amount you paid, if any, to access the Services, or $100, whichever is greater.
You agree to protect, defend, and absolve us, our subsidiaries, and affiliates from any claims or demands made by third parties arising from: (i) your use of the Services; (ii) your infringement of any third-party rights, including copyrights, property, or privacy rights; (iii) the content you submit; or (iv) your violation of the Terms of Use. We reserve the right, at your expense, to take over the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in such defense. You also agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will make reasonable efforts to inform you of any such claims, actions, or proceedings once we become aware of them.
You consent to protect and indemnify us from any claims or damages resulting from your use of the Services or violation of the Terms of Use.
Our handling of your information is consistently regulated by our Privacy Statement. This document outlines how we collect and utilize your information concerning the Services and is an integral part of these Terms of Use. By utilizing the Services, you agree to the collection and utilization of your information in accordance with the Privacy Statement.
Apart from this agreement, your utilization of the Services is contingent upon our Privacy Statement. This document holds significance as it dictates the protocols for the utilization of your personal and other information by us.
You have the freedom to cease using the Services at your discretion and for any reason.
However, we retain the right, without prior notice, to revoke your registration, suspend access to specific parts of the Services, or terminate your overall access to the Services at our discretion. Additionally, we reserve the right to modify, suspend, or cease the Services altogether.
Should you breach or pose a threat of breaching any provision outlined in these Terms of Use, not only will your right to use the Services be terminated, but we also reserve the right to seek injunctive relief to enforce these provisions. This does not limit our ability to pursue any other action or remedy for such breaches. If we succeed in such actions, you agree to reimburse us for all reasonable costs, expenses, and legal fees incurred.
To safeguard the integrity of the Services, we reserve the right to block users from specific IP addresses from accessing and utilizing the Services at any time. Furthermore, we may request that you discontinue access or permanently delete certain content or information available through the Services.
You have the option to discontinue using the Services whenever you choose. We reserve the discretion to alter or terminate the Services and to regulate user access. In the event of a violation of the Terms of Use, we are entitled to enforce these terms and may pursue additional actions against you as we see fit, at your expense.
Please carefully review this section as it could significantly impact your legal rights, including the ability to bring a lawsuit in court and have a jury hear your claims.
By using the Services, you agree irrevocably to: (a) waive any right to a trial in court before a judge or jury for any claim, action, or dispute with us or related in any way to your use of the Services or the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that this agreement or any part of it is void or voidable ("Claims"); (b) have all Claims determined exclusively by final and binding arbitration in San Clara, California, before one arbitrator; and (c) ensure that the arbitrator does not have the authority to combine Claims from other Users or conduct proceedings as a class or collective action or grant relief to a group or class of Users in a single arbitration.
The arbitration will be conducted by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, including the Expedited Procedures. Despite these rules, the proceeding will be governed by the laws of the State of California, Santa Clara. All parties must maintain the confidentiality of the arbitration proceeding and award, except as necessary for the arbitration hearing or as required by law or court order.
The arbitrator, not any federal, state, or local court or agency, will have exclusive authority to resolve any Claims. However, this section does not prevent us from seeking relief for intellectual property rights enforcement, unfair competition, trade secret misappropriation, unauthorized access, fraud or computer fraud, and industrial espionage in court.
The judgment on any arbitration award may be entered in any court with jurisdiction. In any arbitration related to these Terms of Use, the arbitrator will award the prevailing party, if any, the reasonable costs and attorneys' fees incurred in the arbitration. If the arbitrator determines a party to be prevailing under circumstances where they won on some but not all claims, the arbitrator may award that party a proportionate share of the costs and attorneys' fees.
It's crucial to thoroughly read and comprehend this section. It outlines that by utilizing the Services, you consent to settle any dispute concerning the Services or these Terms of Use through binding arbitration, relinquishing your right to resolve disputes before a judge or jury. Additionally, you agree to arbitrate your claims individually, rather than as part of a class action.
We maintain the right to inspect and monitor (either manually or through automated methods) the usage of the Services to ensure adherence to the Terms of Use and to enhance the delivery of the Services. Additionally, we may, though it is not obligatory, monitor the content on the Services by employing manual review or technical measures to assess, obstruct, filter, edit, or remove content. Users’ accounts may be suspended or terminated, or content may be deleted, edited, or removed by us, at our sole discretion, if we determine it to be unlawful, offensive, abusive, in violation of the Terms of Use or our other policies, or otherwise inappropriate or unacceptable. All decisions regarding enforcement are made solely by us, and we bear no liability or responsibility for the removal or deletion of any content.
You recognize, consent to, and agree that we may access, retain, and disclose information regarding your use of the Services, including your communications and submitted content, if compelled to do so by law or if we have a good faith belief that such access, retention, or disclosure is reasonably necessary to: (i) adhere to legal procedures; (ii) enforce the Terms of Use; (iii) address claims of content submitted by you infringing on the rights of third parties; (iv) respond to your customer service inquiries; or (v) safeguard the rights, property, or personal safety of us, our users, and the general public.
We reserve the right to monitor both the usage of the Services and the content accessible through them. By using the Services, you consent to our disclosure of information obtained through them when legally required or as mandated by law. Additionally, we retain the authority to modify or remove content, or suspend the use of the Services, based on the content submitted or available through them.
- Force Majeure. Neither party shall be held liable for any default resulting from force majeure, including circumstances beyond the reasonable control of the parties.
Notices and Electronic Communications. We may deliver notices to you through various channels, including email, regular mail, telephone, or via the Services. By using the Services, you consent to receiving communications from us electronically and through the mentioned methods. Additionally, you agree to the recording of telephone conversations with our representatives or employees by engaging in such conversations.
By providing your telephone number or texting JOIN to a designated number, you subscribe to receive Vihara.ai Asset Update Alerts and/or Auction.com Event Notifications via text message. Your subscription authorizes us to send you text messages with marketing messages, alerts, and updates about properties you're interested in. You confirm ownership of the provided number. You can cancel your subscription at any time by texting "STOP" to a message from us or calling (916) 813-4649.
You also consent to our use of automatic telephone dialing systems for calls and texts. You can revoke this consent at any time through reasonable means.
If your carrier is T-Mobile, note that T-Mobile is not responsible for delayed or undelivered messages.
You acknowledge that electronic communications from us fulfill legal writing requirements, and you have the means to store such communications.
- Compliance with Applicable Laws: The Services are intended for individuals residing in the United States and are governed by US laws. You must comply with all applicable laws when accessing the Services. We reserve the right to restrict access to the Services at our discretion.
- Miscellaneous. These Terms of Use, along with any incorporated policies or terms, constitute the entire agreement between you and us regarding the Services. If any provision of these Terms of Use is found invalid or unenforceable, it will be enforced to the maximum extent permissible by law, and the remaining provisions will remain valid. Our failure to enforce any right or provision does not constitute a waiver unless expressly acknowledged in writing. You may not assign these Terms of Use without our consent, while we may assign them at our discretion.
These are the standard legal terms that regulate your utilization of the Services.
For questions about the Services, you should contact trisha@vihara.ai or call us at (916) 813-4649.
These Terms of Use were last updated on May 4, 2024.