Terms of use
Last updated: May 5, 20231. Introduction
Welcome to Vauch. These Terms of Use ("Terms") govern your use of Vauch and provide information about the Vauch Service ("Service"), outlined below. By creating an account or using Vauch, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. The Vauch Service
Vauch provides an online platform that allows users to vouch for, rate, and review businesses, report inappropriate behavior, view product and business overviews, and obtain business details. These services are accessible at Vauch.com and any other websites through which Vauch makes the services available (collectively, the "Website") and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the "Application").
3. Your Account
3.1. Account Registration: You may need to register for an account to access some or all of our services. During the process of creating your account, you will be required to select a username.
3.2. Account Security: You are solely responsible for safeguarding your Vauch account, and you are responsible for all activity under your account. You agree to notify Vauch immediately if you detect any suspicious or unauthorized activity associated with your account.
3.3. Account Integrity: As a user, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Service registration process. You also agree to keep this information up to date.
4. User conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Website, Application, and Service. In connection with your use of our Website, Application, and Service, you may not and you agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;
- Interfere with or damage our Website, Application, or Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- Use our Website, Application, or Service to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
- Use our Website, Application, or Service in connection with the distribution of unsolicited commercial email or advertisements;
- "Stalk" or harass any other user of our Website, Application, or Service, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Vauch user.
5. Location Data
Vauch may make use of location data sent to us by your device. You can disable this functionality at any time by turning off the location services settings for the Vauch application in your device settings. However, disabling this function may impact the performance of the Service and some features may not function properly or may result in inaccurate information. In such instances, we may use third-party geolocation API services to determine your approximate location based on your IP address. By using our Services, you consent to the transmission, collection, retention, maintenance, processing, and use of your location data by us and our affiliates to provide and improve location-based and road traffic-based products and services.
6. Modification of Terms
Vauch reserves the right, at its sole discretion, to modify the Website, Application, or Service or to modify these Terms, including the service fees, at any time and without prior notice.
7. Dispute Resolution
If a dispute arises between you and Vauch, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Vauch agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below:
- Informal Negotiations: Parties to a dispute concerning this Agreement or the use of the Vauch services will attempt to informally negotiate a potential settlement or resolution to the dispute;
- Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow an arbitration process. The arbitration will be conducted in [Your Location], unless you and Vauch agree otherwise. Each party will be responsible for paying any arbitration fees, including their own attorneys' fees. The decision of the arbitrator will be final and binding on the parties;
- Court Proceedings: If a dispute cannot be resolved through informal negotiations or arbitration, either party may bring a formal proceeding in court. Any court proceedings must take place in [Your Location] unless otherwise agreed by both parties.
Please note that by agreeing to these terms of use, you are waiving certain rights to a jury trial or to participate in a class action.
8. Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of [Your Location]. The courts of [Your Location] will have exclusive jurisdiction over any claim arising from, or related to, use of our services.
9. Intellectual Property Rights
9.1. Our Intellectual Property: All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content (collectively "Proprietary Material") that users see or read on the Service is owned by Vauch or is used by permission. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Vauch's express prior written consent.
9.2. Your Intellectual Property: By posting or submitting material to the Service (e.g., posting a review, posting a rating, making comments, sending messages, creating a user profile, posting a photo), you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.
10. Disclaimers and Limitation of Liability
10.1. No Warranties: Vauch, its subsidiaries, officers, directors, employees, and suppliers provide the Website, Application, and Service "as is" and without any warranty or condition, express, implied or statutory.
10.2. No Liability: In no event shall Vauch, its subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, Application, our Service or this agreement.