Terms and Conditions of Service

Updated July 24, 2024

By visiting or using the Virrow Web site (the “Web site”), or any co-branded and/or linking site, or by participating in any Virrow sponsored educational program or seminar the user (“User”) agrees to be bound by these Terms and Conditions of Service and that such agreement constitutes a binding contract between User and Virrow. If User does not wish to be bound by these Terms and Conditions of Service, the User should not visit or use the Virrow Website.

Virrow reserves the right to change these Terms and Conditions of Service from time-to-time at its sole discretion. In the case of any violation of the Terms and Conditions of Service, Virrow reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions of Service apply to all visits to the Virrow Web site, to the education portion of the Web site both now and in the future.

No Endorsements; User Waiver of Claims

User acknowledges that Virrow sells no real estate or real estate services (“Product”) through this Web site. Certain real estate brokers, lenders, educational providers, speakers, seminar agents or other real estate or educational service providers (collectively, the “Vendors”) may post information on this Web site or contact you at your request, but User understands that Virrow is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web site, including those providing educational, seminar or other published materials. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web site is between User and relevant Vendor. User agrees that, in return for permission to use the Web site, he or she waives any and all claims against Virrow that are connected to use of this Web site or any vendor that provides services or products on this Web site.

General Disclaimer

Although Virrow has made reasonable efforts to place accurate information on this Web site, Virrow assumes no responsibility for the accuracy of the information.  Listing information describing a property and its features/specifications is provided by Sellers who use Virrow to post property for sale.  Virrow verifies that a seller has title to property listed as “Buy it now,” however it is the duty of the buyer top performer there own due diligence regarding title to any property listed on Virrow.    

VIRROW PROVIDES THIS WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED “AS IS” WHERE IS AND Virrow FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS VIRROW DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

VIRROW SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT VIRROW HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

Indemnification

User agrees to indemnify and hold harmless Virrow, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Access to Virrow services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on Virrow or on any other co-branded Website or App, by any user in any capacity, is strictly prohibited and a material condition to the use of Virrow. The same shall be acknowledged to be copyright infringement on the valid filed or unfiled copyrighted material of Virrow, which constitutes the intellectual property of Virrow, LLC. Use of this Web site constitutes the uncontroverted acknowledgement of the copyrighted material contained therein. Data mining, screen scraping, copying graphics, maps, designs, logos or downloading and compiling data or any other activity designed to obtain, re-use, reformat, re-sell the proprietary or other foreclosure information contained within the Virrow in a commercial manner is strictly prohibited. Virrow reserves the right to immediately terminate any account that is being used in such activity without notice. The reposting, manipulation, display or other Web-based presentation of data obtained through Virrow on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, Virrow may seek injunction in any court located in New Hampshire or the United States District Court for The District of New Hampshire. And, the subscriber through the use of this site consents to the jurisdiction of said courts and shall and agree to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.

Customer shall always use the real property ownership information for the Customer’s own internal business purposes only;

  1. Customer shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
  2. Customer shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain with the Licensee and its data suppliers;
  3. Customer shall not disclose or provide the real property ownership information to any affiliates or parent organization if they do not have a need to know for the purposes permitted in the Customer Agreement or are otherwise covered under the Customer Agreement;
  4. Customer acknowledges that Licensee Reports, as well as the data contained therein, is sourced from the user posting a property for sale on Virrow or public documents or statistical calculations and is provided on an “as is, as available” basis with all faults and defects. The data supplier does not make any warranties, expressed or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier responsible for errors, omissions, miscalculations, or misrepresentations of value;
  5. Customer acknowledges that the real property ownership information is proprietary information of Licensee and suppliers, under copyright, and has been furnished to Customer in trust. Customer acknowledges that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Customer will issue appropriate instructions to all of its employees having access to the Licensee Reports concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect to consumer information that is or may be considered “sensitive” such as financial or personally identifiable information, including but not limited to, owner name, mortgage values, sale amounts, estimated property values, real estate loan information, default, and foreclosure information, as related to a named individual owner;
  6. User acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither Licensee nor its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered “as is,” with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of User the ultimate end user of such values. In no event shall Licensee or its suppliers or licensors be liable for use or misuse of estimated values, any use or misuse in violation of any law, regulation, or industry standard, the inability or failure of a person or entity to conduct business, or for any indirect, special or consequential damages related to use or misuse of an estimated value regardless of the circumstances;
  7. Any use of the service and underlying real property information by Customer shall be at its own risk, and Customer hereby indemnifies Licensee and its suppliers or licensors with respect thereto. In no event shall Licensee and its suppliers or licensors be responsible for any errors, omissions, miscalculations, or misrepresentations of value;
  8. Licensee’s data supplier is not responsible for any damages, including but not limited to, those incurred as a result of lost profits or revenue, loss of use of the Licensee Reports, loss of any substitute data or claims by third parties, or for other similar costs. In no event shall Licensee’s data supplier be liable for any damages resulting from Customer’s inability or failure to access any Website;
  9. Customer acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or permitting a telephone customer to give public notice that such customer does not wish to receive sales solicitation telephone calls. Licensee and its data suppliers disclaim any warranty, expressed or implied, that the real property information is free from any consumer information that may give rise to a privacy claim.

Listing Data Disclaimer

The information provided on the Website, which encompasses details such as property dimensions, floor area, valuation, geographic location, and general property description, is furnished for your convenience and originates from information by the user posting the listing for the real property or from third-party sources. This data should not be interpreted as constituting a contractual offer for the procurement, leasing, or advertising of real estate. No express or implied warranties or assurances are extended concerning these properties, including their availability. While the data presented on this Website is considered reliable, it acknowledges a degree of uncertainty, thus necessitating independent verification.

The administrators of this platform, as well as their respective directors, associates, and personnel, have not undertaken a process of due diligence to verify the accuracy of the information (except that properties listed as “Buy it Now” have verified who the record owner of the property is). Their role is limited to disseminating the information, and they do not accept liability, whether direct or indirect, for any injuries, losses, claims, damages, or associated indirect or consequential harms, including but not limited to lost profits or savings, arising from the use of any information or any deficiencies, inaccuracies, or defects in the disseminated information within the bounds of the Website.

Virrow, in conjunction with its Affiliates, disclaims any responsibility arising from your acquisition of third-party goods, services, or tangible properties based on the informational context of the Site. Virrow reserves the right, at its sole discretion and without prior notice, to rectify errors or omissions within any section of the Site or to restrict access to the Site.

Relying solely on the informational content featured on the Website is not advisable. Conduct your own personal inquiries and seek legal counsel regarding any property under consideration within the scope of the Website or the associated data.

Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively, “Marks”) on this Web site are trademarks or service marks of Virrow, LLC. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by Virrow.

User’s Code of Behavior

User agrees not to post on the Web site any content that (a) is inaccurate, (b) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (c) contains viruses or other contaminating or destructive features, (d) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (e) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Virrow must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based transaction requests, which shall not exceed 250 property listing records and/or search transactions per 24-hour period. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.

By creating a Virrow account to the Virrow service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in Virrow to any person or organization, by any means, printed, electronic or other.

Cancellations

Users can cancel his or her service at any time either directly in the Virrow service, or by contacting Virrow directly.  Accounts cannot not be canceled if the user has a brokerage agreement with Virrow for which commission is owed. 

Virrow will not be held responsible for charges incurred because of User inputting an invalid or incorrect email address when signing up. Furthermore, User’s non-use of the site, misplaced or lost access codes, shall not justify User receiving any refund for any services charged.

This web site may contains links to third party sites. User accesses these sites at User’s own risk; Virrow is not responsible for the contents, changes, updates, or other links contained in a linked site. Virrow provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Virrow of the site.

Any third party desiring to link to the Web site must link to the Web site’s homepage located at Virrow. No one may link to any other page of this Web site without the prior written consent of Virrow.

Authorization, Credit Cards, Debit Cards, ACH Transactions

By signing up to the trial or for any direct service provided by Virrow and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for services/access provided by Virrow after the expiration of any trial period to the extent said period is applicable or in the event a trial is not applicable, User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or ACH payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the Virrow subscription service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Virrow as a result of use of the Web site.

Governing Law

The contents of this Web site and any claims related to it are governed by the laws of the State of New Hampshire, without reference to its conflict of laws rules. User consents and fully agrees to the exclusive jurisdiction of the State courts located in Hillsborough County, New Hampshire, Federal Courts located in New Hampshire and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding in any other jurisdiction.  User further waives any right to trial by Jury in any action brought as a result of use of Virrow.  By using Virrow you agree that all claims must be brought in binding arbitration occurring within the state of New Hampshire, prior to bringing any claim to a court of law.

CLASS ACTION WAIVER. USER HEREBY WAIVES, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to herein as the “class action waiver”. Virrow and User agree that no arbitrator or court shall have authority to conduct any legal action in violation of the class action waiver or to issue any relief that applies to any person or entity other than the User and/or Virrow individually. The parties acknowledge that this class action waiver is material and essential to this agreement and is non-severable from the governing law section. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which the User seeks class-wide relief, the Governing Law section shall remain valid with respect to all other claims and Disputes. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. 

Privacy

Personal information is defined as any information entered when registering or using services obtained through our Website, information you provide as part of registration for one of our education or seminar programs or any other information collected about you on our Website (such as how long you spend on the Web site, what you look at on the Web site, etc.) We at Virrow constantly strive to provide useful products and services based on the content of our site, including participants in our educational programs and seminars and on related subjects of interest. We may sell or distribute certain individual personal information to other companies, including related interests or vendors so as to provide you with important offers. We may also use or provide partners with aggregate information from the information provided by all users. If you linked to this page (or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site and to other third parties. If you are a participant in our educational programs and seminars we may provide you special offers on related subjects of interest or an email displaying those subjects.

Entire Agreement

By subscribing to the Virrow’s service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in Virrow to any person or organization, by any means, printed, electronic or other.

The above Terms and Conditions of Service constitute the entire and only agreement between User and Virrow on the matters described, and no modification will be enforceable unless agreed to in writing. User understands that User may be subject to further restrictions while using Vendors’ Websites.