Terms & Conditions

This Website provides information regarding the services and offerings (the “Service”) of Velvet Elves, LLC (“Velvet Elves”, “WE”, “US” AND “OUR”). THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND US, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND IT GOVERNS YOUR USE OF THE VELVET ELVES WEBSITE AND ALL OF OUR SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE (THE Velvet Elves WEBSITE AND ALL OF OUR SERVICES AND CONTENT PROVIDED OR ACCESSIBLE THROUGH THE WEBSITE ARE, INDIVIDUALLY AND COLLECTIVELY THE “WEBSITE”). PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Velvet Elves reserves the right in its sole discretion to modify, alter, or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations, or changes. Velvet Elves will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of the Website may change from time to time without prior notice to you including, without limitation, certain content, features or functionality no longer being available.

By accessing this Website, you agree to the following terms and conditions of these Terms of Use, which govern this Website:

Intellectual Property Rights. Unless otherwise indicated, this Website and its contents, including all trademarks, service marks, and logos, are the property of Velvet Elves or used by permission, and are protected pursuant to U.S. and foreign copyright, trademark and other intellectual property laws. This Website and the material on this Website may not be modified, copied, distributed, republished, downloaded, uploaded, or commercially exploited in any manner without the prior written consent of Velvet Elves, except that you are permitted to print or download on a single computer a copy of any of the materials on this Website for personal non-commercial use, provided no copyright, trademark, or other proprietary notices are removed. No intellectual property or other rights in or to this Website or its contents are transferred to you. The photographs, artwork, and information contained in this Website are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of Velvet Elves.

Real Estate Service; Advertising. This Website is owned by Velvet Elves, a real estate information provider whose services assist consumers, service providers and real estate professionals in their search for various real estate services. You hereby acknowledge and agree that your relationship with Velvet Elves is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Velvet Elves does not place Velvet Elves in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit.

This Website may contain information related to real estate service companies (hereinafter referred to as “Vendor(s)”). The Vendors either provide the information or we obtain the information from various sources generally deemed reliable. Still, we cannot warrant the validity of the information, nor do we guarantee the quality of the services provided by the Vendors or any other third-party. Determining the need for real estate services is an important decision and requires some analysis. We are not responsible for any material, information, or products or services contained in the linked sites or provided by Vendors. Although care has been taken to provide the most reliable, accurate, and current information, all users of the Website are encouraged to make their own independent investigation and evaluation of any Vendor that they might engage. In addition, this Website may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted by advertisers or sponsors for inclusion on the Website is accurate and complies with applicable laws. We will not be responsible for the illegality of, or any error or inaccuracy in, any Vendor’s, advertiser’s or sponsor’s materials.

Your Conduct. You agree that you will:
only use the Website as permitted by these Terms of Use and as permitted by law;

not access, or attempt to access, restricted portions of the Website by any means other than the interface provided by Velvet Elves;

not transmit, post, send, upload, distribute, submit, or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Velvet Elves), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Velvet Elves in its sole discretion);

not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights, or any other rights of any third party;

not interfere with or disrupt the use and enjoyment of the Website by Velvet Elves or any third party;

not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses, or other harmful, disruptive or destructive files, or material that interfere with Velvet Elves’ or any third party’s use and enjoyment of the Website and any other software, hardware, and data;

not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Velvet Elves, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;

not transmit, post, send, upload, distribute, submit, or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;

not resell, sublicense, frame, duplicate, reproduce, or otherwise commercially exploit the Website without the prior written agreement of Velvet Elves; and

not remove, obscure, or alter any proprietary rights notices on the Website or any material obtained from or through the Website.

Transactions and Interactions with Vendors or other Third Parties.The Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Velvet Elves monitors or endorses these websites. Velvet Elves does not accept any responsibility for such websites. Velvet Elves shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. We will not be liable in any way in connection with, any of the offerings, products, or services advertised on or through the Website by any user (including, without limitation, Vendors), or any sites on the Internet that may be directly or indirectly accessed through links in the Website that are not owned and operated by us, including but not limited to liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content therein. You acknowledge and agree that we are not a party to any transaction between you and any other user, even if that transaction is facilitated, in whole or in part, through the Website. Velvet Elves reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Velvet Elves deems to be inappropriate or inconsistent with or antithetical to the Website, the business of Velvet Elves, and/or these Terms of Use. YOUR INTERACTIONS WITH ANY OTHER USER (INCLUDING, WITHOUT LIMITATION, ANY VENDOR), INCLUDING PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH OTHER USER AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, WE HAVE NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Title Insurance Company and Vendor Ethics Notice.If you are a title insurance company, mortgage provider or other real estate service provider participating in any aspect of this Website, you acknowledge that rules of professional conduct apply to all aspects of your participation and that you will abide by such rules. The rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of appraising, and misrepresentations of fact. We disclaim all responsibility for your compliance with these rules.

License of Your Content to Us.By uploading or submitting any of Your Content (as defined below) for use on the Web Site, you grant us a perpetual, royalty-free, irrevocable, fully paid-up, non-exclusive right and license to use, reproduce, modify, adapt, publish, publicly perform and display, translate, create derivative works from, and distribute such of Your Content or incorporate such of Your Content into any form, medium or technology now known or later developed throughout the universe. You hereby waive any moral rights (or “droit moral”) you may have in and to Your Content that you submit to Velvet Elves, even if such material is altered or changed in a manner not agreeable to you. If you provided Your Content for you in connection with the performance of services, you grant us and any Vendor and other user that you designate to have access thereto, a royalty-free, fully paid-up, non-exclusive right and license to use, reproduce, modify, adapt, publish, publicly perform and display, translate, create derivative works from, and distribute such of Your Content or incorporate such of Your Content into any form, medium or technology now known or later developed throughout the universe as necessary to provide the services contemplated by your submission. Documents that you provide to us (or to other service providers using our Service) for completion of a specific transaction are Your Content, but such documents will be used by us and others that you permit to have access to such documents solely for the purpose of the applicable transaction.

You represent and warrant that you have all rights necessary to grant us the licenses in Your Content, that Your Content will not infringe, violate, or misappropriate, any copyright, trademark, trade secret, privacy, or other rights of any third party; and that Your Content distributed and processed through the Website shall be truthful, accurate, up-to-date, and in compliance with applicable laws, rules, and regulation. “Your Content” means any data, material, or other content (including without limitation, copyrightable subject matter, trademarks, and service marks) provided or submitted by you or any of your users to the Website in the course of using the Website or use of any interactive features we offer. “Your Content” also specifically includes any data or material which is accessible via any link created by you or any of your user to or from the Website. However, our use of Your Content is still subject to our Privacy Policy

Privacy.You may be required to provide personally identifiable information to use and/or access certain portions of the Website. You agree that any information that you provide to Velvet Elves will be accurate and that you will make reasonable efforts to keep that information up to date. Please review Velvet Elves’ Privacy Policy which you also agree to and accept by using this Website, and which is specifically incorporated into these Terms of Use.

Registration.Certain sections of this Web Site may require you to register and provide certain information. If registration is required, you agree to provide us with accurate and complete registration information and to update your registration information as necessary to keep it accurate. You agree that you will not allow others to use your member name, password, and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Velvet Elves immediately of any unauthorized use of your account. You agree that you are solely responsible for the security of your account information and that you are responsible for any access to the website (including, without limitation, any transactions conducted and charges incurred) using your account information. Velvet Elves shall not be responsible for any losses arising out of the unauthorized use of your member name, password, and/or account and you agree to indemnify and hold harmless Velvet Elves, its partners, parents, subsidiaries, agents, affiliates, and/or licensors, as applicable, for any improper, unauthorized, or illegal uses of the same. You agree that if you are an employee or agent of an entity (e.g., team leader or service provider) that has allowed you to access the Service as an employee or agent of such entity, that all account information, content and your registration data will remain with such entity and such entity may control (and deny) your access to the Service.

Agreement to Pay.You agree to pay for all services that you purchase through the Website at the then-current fees for the Service and Velvet Elves may charge your credit card for any such payment(s). Velvet Elves may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Website. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information in the “Member Information” section of the “My Account” area. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. You acknowledge and agree that Velvet Elves may periodically adjust its pricing and you remain responsible for such adjusted pricing. Velvet Elves will post any adjusted pricing to the Website.

All sales are final and non-refundable.

Taxes.Prices quoted are generally exclusive of any applicable taxes, including sales taxes. You agree to pay any sales, use or similar taxes related to your purchases through the Website, excluding any taxes on Velvet Elves’ net income.

Electronic Contracts.You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Velvet Elves shall not be responsible or liable to you for the products or services purchased from such third party.

Disclaimer of Warranties and Waivers.This Website and the material on this Website and the services provided through the Website are provided “AS IS” and is without warranty of any kind. Velvet Elves disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, with respect to this Website and the material on this Website. Velvet Elves also makes no representations or warranties as to whether the information accessible on this Website, and the services offered through the Website, are accurate, error-free, complete, or current or that access to the Website will be uninterrupted.SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL VELVET ELVES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOST PROFITS, LOST INCOME, COMMUNICATIONS FAILURES, TAMPERING, HACKING, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THIS WEBSITE OR ANY MATERIAL OR SITES LINKED TO BY THIS WEBSITE, EVEN IF VELVET ELVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES, OR ANY OF THEM, BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN THE LARGER OF: (A) THE AMOUNT PAID BY YOU TO VELVET ELVES FOR THE SPECIFIC TRANSACTION OUT OF WHICH THE LIABILITY AROSE; OR (B) TEN UNITED STATES DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, I UNDERSTAND THAT I AM WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification.You agree to defend, indemnify and hold harmless Velvet Elves, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents, and employees from and against any claims, suits, losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or in any way related to: (A) any of Your Content that you provide to Velvet Elves or to any third party through the Website or in connection with Velvet Elves’ services, including, without limitation, any third party claims for infringement, misappropriation or violation of any intellectual property, privacy or other proprietary right; and (B) your use of the Website or any materials downloaded, obtained, used, or otherwise accessed or acquired through the Website: (i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that attempt, commit or result in any actual or alleged infringement, misappropriation, or violation of any third party’s rights; and/or (iii) in breach of any agreement between you and any third party. Velvet Elves reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Velvet Elves. This indemnification section will survive any termination or expiration of these Terms of Use.

Cross-Border Use.Velvet Elves operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

Governing Law and Venue.These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Indiana, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any Velvet Elves Website shall be brought exclusively in the state or federal courts in the City of Indianapolis, Marion County, the State of Indiana, United States of America.

Contacting Us.If you have any questions or concerns regarding these Terms of Use, please contact us by mail at: Velvet Elves LLC; Attn: Orange Door DBA Velvet Elves, 5325 W. Smith Valley Rd Greenwood, IN 46142, or by email at info@velvetelves.com. These Terms of Use and the Privacy Policy are the entire agreement between you and Velvet Elves concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein.This Website provides information regarding the services and offerings (the “Service”) of Velvet Elves, LLC (“VELVET ELVES”, “WE”, “US” AND “OUR”). THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND US, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND IT GOVERNS YOUR USE OF THE VELVET ELVES WEBSITE AND ALL OF OUR SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE (THE VELVET ELVES WEBSITE AND ALL OF OUR SERVICES AND CONTENT PROVIDED OR ACCESSIBLE THROUGH THE WEBSITE ARE, INDIVIDUALLY AND COLLECTIVELY THE “WEBSITE”). PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE REPRESENT A BINDING CONTRACT. BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THESE TERMS OF USE.