Terms of Use

Effective Date: April 14 2025

These TERMS OF USE (this “Agreement”) constitute a legally binding contract between you (together with any person helping you visit, access, register with, or use the platform, “you” or “your”) and VeryDesi.com (referred to herein as “VeryDesi,” “we,” “us,” or “our”). This Agreement concerns your use of the online properties, products, and services described below.

The properties, products, and services subject to this Agreement include:

  1. 1. The VeryDesi.com website (together with its respective pages and features, the “Site”); and
  2. 2. The associated services offered or provided by VeryDesi on or through the Site, including but not limited to social networking features, business listing functionalities, and classified advertisement platforms (collectively, the “Services”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR SERVICES. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. THIS INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

By visiting, accessing, registering with, or using the Site or the Services, you are automatically accepting and agreeing to the most current version of this Agreement. Your continued use reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with, or using the Site or the Services. VeryDesi reserves the right to supplement, amend, or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Site and may be emailed to the address associated with your User Account (defined below) or posted within your User Account, as VeryDesi deems appropriate. Modifications shall be effective as of their stated effective date. It is your responsibility to review this Agreement each time you use the Site or Services.

1. Eligibility

The Site and Services are offered only to users who are at least eighteen (18) years of age or the age of majority in their respective jurisdictions, and who have the legal capacity to enter into this Agreement. By using the Site or Services, you represent and warrant that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with, and using the Site and Services, and you may only use them for lawful purposes.

2. Privacy a. Privacy Policy.

VeryDesi respects your privacy and outlines its data collection and use practices in its Privacy Policy.

3. Description of Services; Platform Nature a. Service Overview.

The Site provides a technology platform enabling users to connect via social networking features, create and browse business listings, and post and view classified advertisements. b. User Types. Users may interact with the platform in various capacities, such as posting classifieds or business listings (“Listing Creators”), Browse listings or connecting with others (“Content Users”), or engaging in social networking activities. These roles are not necessarily exclusive. c. Platform Only. VeryDesi provides the technology platform (the Site and associated Services) to facilitate interactions and transactions between users. VeryDesi does not itself offer, sell, provide, endorse, or guarantee the products, services, or information advertised or listed by users through classifieds or business listings. VeryDesi is not a party to any transactions or agreements made between users. We do not investigate or verify the accuracy, legality, quality, or safety of listings, user-provided content, or the qualifications or identity of users.

4. No Relationship.

YOU ACKNOWLEDGE AND AGREE THAT VERYDESI IS MERELY A TECHNOLOGY SERVICES PROVIDER OFFERING A PLATFORM FOR USE BY OTHERS. VERYDESI DOES NOT OFFER OR PROVIDE THE GOODS OR SERVICES LISTED BY USERS (INCLUDING VIA CLASSIFIEDS OR BUSINESS LISTINGS). YOUR RELATIONSHIP WITH VERYDESI AND OTHER USERS IS MERELY CONTRACTUAL AS DEFINED BY THIS AGREEMENT. VERYDESI DOES NOT DIRECT OR CONTROL YOU OR OTHER USERS GENERALLY OR IN YOUR PERFORMANCE UNDER THIS AGREEMENT, INCLUDING IN CONNECTION WITH ANY LISTINGS, TRANSACTIONS, OR SOCIAL INTERACTIONS. LISTING CREATORS RETAIN SOLE DISCRETION OVER THE CONTENT, TERMS, AND PROVISION OF THEIR LISTINGS, SUBJECT TO THIS AGREEMENT. VERYDESI IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS, ERRORS, OR OMISSIONS OF ANY USERS OR THIRD PARTIES. YOU HAVE NO AUTHORITY TO BIND VERYDESI TO ANY OBLIGATIONS OR HOLD YOURSELF OUT AS AN AGENT, EMPLOYEE, PARTNER, OR REPRESENTATIVE OF VERYDESI. THIS AGREEMENT DOES NOT CREATE ANY AGENCY, EMPLOYMENT, PARTNERSHIP, JOINT VENTURE, FRANCHISE, OR FIDUCIARY RELATIONSHIP BETWEEN VERYDESI AND ANY USER.

5. User Account a. Registration.

To access certain features of the Site or Services (e.g., posting listings, participating in social networking), you must register and create a personal user account (“User Account”). This requires providing accurate, current, and complete information as prompted and accepting this Agreement and potentially other terms. Unless otherwise permitted in writing, you may only have one (1) non-transferable User Account. b. User Account Activity and Security. You are solely responsible for all activity occurring under your User Account. You must maintain the confidentiality of your account credentials (username and password) and take steps to prevent unauthorized access. You agree to keep your User Account information accurate and up-to-date. Failure to do so may result in suspension or termination of your account and inability to use the Services. You must immediately notify VeryDesi at [Insert Contact Email for Security Issues] if you suspect unauthorized access or use of your User Account. c. Indemnification for Account Misuse. IF YOU FAIL TO COMPLY WITH SECTION 5(B), YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES (INCLUDING UNAUTHORIZED TRANSACTIONS OR ACCOUNT CHANGES) AND AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS VERYDESI AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO YOUR FAILURE TO COMPLY.

6. Your Devices.

You are responsible for obtaining and maintaining the necessary devices, software, operating systems, and network access to use the Site and Services. VeryDesi does not guarantee compatibility with any specific device or network. Your carrier's data, messaging, and other rates and fees may apply to your use of the Site and Services, and you are solely responsible for such charges.

7. Ownership and Intellectual Property.

The Site, the Services, and all underlying elements (including content, information, source code, object code, data, documentation, features, functionality, trademarks, logos, and expressions), along with all copyrights, trademarks, trade secrets, and other intellectual property rights therein, are owned, licensed, or permissibly used by VeryDesi. You retain no rights, titles, or interests other than the limited licenses expressly granted in this Agreement.

8. Licenses

Subject to your compliance with this Agreement, VeryDesi grants you a limited, non-exclusive, personal, revocable, non-transferable, non- sublicensable license to access and view the publicly available pages of the Site and use the Services as intended. If you have a User Account in good standing, this license extends to applicable registration-only areas, subject to any associated terms or fees. Unauthorized use or breach of this Agreement automatically terminates this license. b. License for User Content. All names, photographs, information, communications, listings, posts, messages, and any other content you submit, post, publish, or otherwise make available on or through the Site or Services ("User Content") remain your property. However, you hereby grant VeryDesi an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and worldwide license to host, store, reproduce, transmit, distribute, modify, adapt, create derivative works from, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of your User Content in any manner, medium, or form, now known or hereafter devised, in connection with operating, promoting, and improving the Site and Services, without further notice to or consent from you, and without compensation. c. Warnings Regarding User Content. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT. User Content may become public, and neither you nor VeryDesi may be able to withdraw it once published. You assume all risks associated with your User Content, including third-party reliance on its quality, accuracy, or reliability, and any disclosure making you personally identifiable. VERYDESI IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY ARISING FROM, THE USE OF USER CONTENT BY VERYDESI OR ANY THIRD PARTY IN ACCORDANCE WITH THIS AGREEMENT, OR ANY UNAUTHORIZED USE BY THIRD PARTIES. d. Reservation of Rights. Nothing in this Agreement limits VeryDesi's rights in the Site, Services, or User Content.

9.Suspension or Termination of Service.

VeryDesi reserves the right, without obligation, to suspend or terminate the function or existence of all or any part of the Site, Services, and/or your User Account at any time, without notice or recourse, for any reason or no reason, including conduct deemed inappropriate, unlawful, or in violation of this Agreement. VERYDESI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM SUCH SUSPENSIONS OR TERMINATIONS (INCLUDING LOST OPPORTUNITIES OR LOSS OF CONTENT).

10. Payments (If Applicable)

This section applies if VeryDesi handles or facilitates payments for services such as premium listings or features. If VeryDesi does not process payments, users are responsible for managing their own transactions.

  • **Payment Processing:** Transactions may be handled through a third-party vendor. You agree to pay all applicable fees charged by VeryDesi and/or its payment processor.
  • **Payment Authorization:** By providing payment details, you authorize VeryDesi to (i) share the information with payment vendors, (ii) obtain updated payment data, and (iii) charge your account for approved transactions.
  • **Payment Obligations:** You are responsible for all payments made under your account, including any applicable taxes, fines, penalties, and legal fees for overdue amounts.
  • **Waiver of Claims:** TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ALL CLAIMS AGAINST VERYDESI FOR UNAUTHORIZED PAYMENTS MADE VIA YOUR ACCOUNT.
  • **Accurate Information:** You confirm that the payment details you provide are accurate and up to date, and agree to update them as needed.
  • **Refunds:** Unless otherwise stated, all payments made through the Site are final and non-refundable.
  • **Refusal of Service:** VeryDesi may refuse services or transactions if fraudulent or illegal activity is suspected.
  • **Currency:** All prices and charges are in U.S. Dollars, unless otherwise specified.

11. Terms Specific to Content Users (Browse Listings, Social Networking)

  • **User Responsibility:** You engage with other users and their content (e.g., classifieds, business listings) at your own risk.
  • **No Endorsement or Verification:** VeryDesi does not endorse, verify, or guarantee any user-generated content, listings, or the qualifications, reliability, or safety of users. Use caution and good judgment.
  • **Disputes Between Users:** Any issues or conflicts between users must be resolved by the parties involved. VeryDesi is not responsible for mediating or resolving these disputes.
  • **Communication Policy:** Use communication tools on the platform respectfully and for their intended purposes only, such as asking about a listing or connecting socially. Spamming or harassment is strictly prohibited.

12. Terms Specific to Listing Creators (Classifieds, Business Listings)

  • **Responsibility for Listings:** You are solely responsible for the accuracy, legality, and quality of any listings you post. Listings must comply with laws and this Agreement.
  • **Performance and Expenses:** You determine how to deliver goods/services from your listings and are responsible for associated costs and legal compliance.
  • **Facilitation:** Keep your account and listings up-to-date. If a listed item/service becomes unavailable, you must handle issues like communication or refunds.
  • **Communication Policy:** Communicate only with users who inquire about your listings and only for legitimate reasons. Misuse of user info or unsolicited messages is prohibited.
  • **Insurance:** You are encouraged to obtain appropriate liability insurance. VeryDesi does not provide or arrange insurance coverage.
  • **Taxes:** You are solely responsible for all taxes related to your listings, including reporting, collection, and payment.

13. Electronic Communications

  • **Express Consent:** You consent to receive electronic messages (ads, info, updates, etc.) from VeryDesi and its affiliates through various methods. Standard data rates may apply. Consent is not a purchase requirement.
  • **Opt-Out:** You can opt out of promotional messages via unsubscribe links or contact methods provided. This may affect your ability to use some services or receive important messages.
  • **Indemnification:** You agree to indemnify VeryDesi for any legal issues caused by your non-compliant or unlawful communications (e.g., TCPA, CAN-SPAM violations).

14. Prohibited Activities

You agree not to engage in any of the following:

  • Impersonation or misrepresentation of identity.
  • Infringing on intellectual property or privacy rights.
  • Modifying or reproducing the Site/Services without authorization.
  • Posting illegal, harmful, or misleading content.
  • Sharing private info without consent.
  • Spamming or posting auto-generated content.
  • Providing false or deceptive info.
  • Artificially boosting traffic or rankings.
  • Scraping or aggregating Site content.
  • Using bots or malware to disrupt or access the platform.
  • Hacking, reverse engineering, or bypassing security.
  • Overloading the platform infrastructure.
  • Unauthorized system access.
  • Harassment, stalking, or harm to others.
  • Facilitating or engaging in illegal activities.
  • Any other action deemed harmful or inappropriate by VeryDesi.

15. Third-Party Links

The Site may link to third-party websites or services for convenience.

  • VeryDesi is not responsible for content, security, or practices of linked third-party technologies.
  • Linking does not imply endorsement or affiliation.
  • Access these links at your own risk.

16. Content Moderation and Take Down

VeryDesi reserves the right to monitor, edit, or remove any User Content without notice if it violates the Agreement or is deemed harmful, illegal, or inappropriate.

    17. Copyright Infringement

    VeryDesi respects intellectual property laws and prohibits copyright infringement.

    • Do not post content that violates copyright.
    • See our Copyright Policy [Insert Link] for how to submit a DMCA notice.

    18. User Representations, Warranties, and Covenants

    By using VeryDesi, you affirm that:

    • You meet the eligibility requirements.
    • You have read and voluntarily agree to this Agreement.
    • You comply with all applicable laws.
    • You own or have rights to your submitted content.
    • Your content is original, lawful, and does not infringe third-party rights.
    • Your content does not falsely suggest sponsorship or affiliation with VeryDesi.
    • All your provided information is true and accurate.
    • You are not on any U.S. government prohibited party list.

    19. Additional Listing Creator Representations, Warranties, and Covenants

    If you are a Listing Creator, you further represent, warrant, and covenant that:

    • You will comply with all laws applicable to your listings and any related transactions or services (e.g., sales laws, safety regulations, advertising laws)
    • Your listings and related activities do not violate any agreements, regulations, or third-party rights
    • You possess all necessary licenses, permits, and authorizations for anything offered in your listings
    • All information provided in your listings and to other users is complete, accurate, and truthful
    • Any products or services offered are safe and of marketable quality, accurately described

    20. Disclaimers and Limitations of Liability

    • **General Disclaimer**: YOUR USE OF THE SITE AND SERVICES, AND YOUR INTERACTION WITH OTHER USERS AND USER CONTENT (INCLUDING LISTINGS), IS AT YOUR OWN RISK. THE SITE, SERVICES, AND ALL RELATED INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. VERYDESI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE) REGARDING THE SITE, SERVICES, USER CONTENT, OR OTHER USERS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, SAFETY, OR FUNCTIONALITY.
    • **Disclaimer About Listings and User Content**: DESCRIPTIONS, IMAGES, AND INFORMATION IN CLASSIFIEDS, BUSINESS LISTINGS, AND OTHER USER CONTENT ARE PROVIDED BY USERS AND ARE SUBJECT TO CHANGE. VERYDESI DOES NOT WARRANT THE AVAILABILITY, ACCURACY, OR LEGALITY OF ANY LISTED ITEM OR SERVICE. IT IS YOUR RESPONSIBILITY TO VERIFY INFORMATION AND COMPLY WITH LAWS REGARDING ANY TRANSACTION OR INTERACTION. VERYDESI MAY IMPOSE CONDITIONS ON OR BAR TRANSACTIONS WITHOUT NOTICE.
    • **Disclaimer About Other Users**: VERYDESI EXPRESSLY DISCLAIMS LIABILITY FOR THE ACTS, ERRORS, OR OMISSIONS OF ANY USERS. WE DO NOT CONTROL, INVESTIGATE, OR VOUCH FOR THE QUALIFICATIONS, RELIABILITY, OR CONDUCT OF USERS OR THE QUALITY/SAFETY OF THEIR LISTINGS. YOU INTERACT WITH OTHER USERS AT YOUR OWN RISK.
    • **Disclaimer About System Delays**: THE SITE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND PROBLEMS INHERENT IN INTERNET AND ELECTRONIC COMMUNICATIONS. VERYDESI IS NOT RESPONSIBLE FOR DELAYS, FAILURES, OR DAMAGES RESULTING FROM SUCH ISSUES OUTSIDE ITS REASONABLE CONTROL.
    • **Disclaimer About Third-Party Information**: OPINIONS, ADVICE, REVIEWS, STATEMENTS, OR OTHER CONTENT FROM USERS OR THIRD PARTIES ARE SOLELY THOSE OF THEIR AUTHORS AND NOT ENDORSED BY VERYDESI. VERYDESI DOES NOT GUARANTEE THEIR ACCURACY, COMPLETENESS, OR RELIABILITY AND IS NOT LIABLE FOR YOUR RELIANCE ON SUCH CONTENT.
    • **Limitation of Liability**: IN NO EVENT SHALL VERYDESI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR COSTS OF SUBSTITUTE GOODS/SERVICES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OR INABILITY TO USE THE SITE OR SERVICES; (II) ANY LISTINGS, PRODUCTS, SERVICES, OR INTERACTIONS OBTAINED THROUGH THE SITE; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS); (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR USER CONTENT; (V) HACKING, VIRUSES, OR OTHER MALICIOUS CODE OR SECURITY BREACHES; (VI) YOUR RELIANCE ON ANY CONTENT OR INFORMATION; OR (VII) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF VERYDESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • **No Injunctive Relief**: IF VERYDESI BREACHES THIS AGREEMENT, YOU WAIVE ANY RIGHT TO SEEK OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST THE SITE, SERVICES, OR VERYDESI OPERATIONS. THIS DOES NOT LIMIT YOUR ABILITY TO SEEK MONETARY DAMAGES SUBJECT TO THE LIMITATIONS HEREIN.
    • **Limitation of Remedies**: IF VERYDESI IS FOUND LIABLE DESPITE THE FOREGOING, IN NO EVENT SHALL ITS TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO VERYDESI (IF ANY) DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.
    • **Consumer Protections**: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS (SECTION 20) MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW. THE DISCLAIMERS AND LIMITATIONS HEREIN ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

    21. General Release of Claims

    YOU HEREBY RELEASE AND HOLD HARMLESS VERYDESI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, AND COSTS YOU HAVE OR MAY HAVE AGAINST THEM ARISING FROM OR IN CONNECTION WITH:

    • The Site, Services, and User Content
    • Interactions with other users
    • Listings
    • The rights granted by you under this Agreement (including related to User Content)

    YOU WAIVE ANY RIGHT TO ENJOIN VERYDESI OR ITS AFFILIATES IN THE EXERCISE OF RIGHTS GRANTED UNDER THIS AGREEMENT.

    22. Indemnification

    YOU AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS VERYDESI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE ATTORNEYS' FEES) INCURRED BY OR ASSERTED AGAINST THEM ARISING OUT OF OR IN CONNECTION WITH:

    • Your acts, errors, or omissions
    • Your use of the Site or Services in a manner contrary to this Agreement
    • Your violation of the rights of, or other injury to, any third party (including other users)
    • Your User Content
    • Your breach of all or any part of this Agreement

    23. Term; Termination; Survival

    This Agreement remains in effect until terminated. VeryDesi may terminate this Agreement or suspend your access at any time, for any or no reason, without notice. You may terminate this Agreement by:

    • Ceasing all use of the Site and Services
    • Deleting your User Account (if applicable)

    Upon termination, your license rights cease immediately. The following sections shall survive termination in perpetuity: 1 (Introduction parts regarding binding nature), 2 (Privacy consent), 3.c (Platform nature), 4 (No Relationship), 5.c (Indemnification for Account Misuse), 7 (Ownership), 8.b (License for User Content), 8.c (Warnings re User Content), 9 (Effect of termination disclaimer), 10 (Payment obligations accrued, waivers), 12.f (Taxes), 13.c (Indemnification re Communications), 17 (Copyright - reference), 18 (User Reps/Warranties), 19 (Listing Creator Reps/Warranties), 20 (Disclaimers/Limitations), 21 (General Release), 22 (Indemnification), 23 (Survival clause itself), 24 (Governing Law), 25 (Dispute Resolution), 26 (Notice), 28 (Miscellaneous), 29 (Contact Us), and any other provisions which by their nature should survive.

    24. Governing Law.

    This Agreement, your use of the Site and Services, and all related disputes shall be governed by and construed in accordance with the laws of the State of [Insert State, e.g., Illinois] and applicable federal law of the United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    Dispute Resolution a. Binding Arbitration.

    EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT ALL DISPUTES, CONTROVERSIES, AND CLAIMS ARISING FROM OR CONCERNING THIS AGREEMENT, THE SITE, THE SERVICES, ANY TRANSACTIONS OR INTERACTIONS, OR THE PARTIES' RELATIONSHIP (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The Federal Arbitration Act governs the interpretation and enforcement of this section. b. Waiver of Jury Trial and Class Action. EACH PARTY HEREBY IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. c. Arbitration Process. Arbitration will be conducted by a single, neutral arbitrator selected according to AAA Rules. The arbitration will be conducted in English, primarily through document submission, or by phone or online, unless an in-person hearing is required by AAA Rules or agreed upon. If an in-person hearing is necessary, it will take place in [Insert County and State, e.g., Cook County, Illinois], unless otherwise agreed. The arbitrator’s decision will follow this Agreement and be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or specific performance, but only to the extent necessary to provide relief warranted by the individual claim. The award rendered may be confirmed and enforced in any court having jurisdiction. d. Arbitration Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. Each party will bear its own attorneys' fees and costs, unless applicable law provides otherwise. e. Exceptions to Arbitration. Notwithstanding the foregoing, either party may bring qualifying claims in small claims court. Furthermore, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, which may seek relief against us on your behalf. Claims regarding infringement or misuse of intellectual property rights may also be brought in court. f. Litigation Venue. If arbitration is deemed inapplicable or unenforceable for any Dispute, or for enforcing an arbitration award, such litigation shall be subject to the exclusive personal jurisdiction and venue of the state and federal courts located in [Insert County and State, e.g., Cook County, Illinois].

    Notice

    Unless otherwise stated, VeryDesi may provide notices to you by general posting on the Site, email to your User Account's registered address, or through your User Account. Such notices are deemed effective upon posting or sending. You may provide legal notice to VeryDesi at the address provided in Section 29 (Contact Us).

    Relationship Clarification.

    No agency, partnership, joint venture, employment, or franchise relationship is intended or created by this Agreement or your use of the Site/Services.

    Miscellaneous a. Electronic Signatures.

    Your affirmative assent (e.g., checking a box) or your continued use of the Site/Services constitutes your electronic signature and acceptance of this Agreement. b. Excused Performance. VeryDesi is excused from performance failures caused by reasons beyond its reasonable control (force majeure). c. Assignment. You may not assign or transfer your rights or obligations under this Agreement without VeryDesi’s prior written consent. VeryDesi may freely assign this Agreement. d. Construction. This Agreement shall be construed as drafted by all Parties; no ambiguity shall be construed against the drafter. Headings are for convenience only and do not limit or define sections. e. Severability. If any provision is found invalid or unenforceable, the remaining provisions shall remain in effect, and the invalid provision reformed to the maximum extent permitted by law, consistent with the Agreement's intent. f. Entire Agreement. This Agreement, together with the Privacy Policy [Link], Copyright Policy [Link], and any other referenced or hyperlinked policies, constitutes the entire agreement between you and VeryDesi regarding the subject matter hereof, superseding all prior agreements. It inures to the benefit of and is binding upon the Parties and their successors and assigns.

    Contact Us.

    Please direct questions about the Site, Services, or this Agreement to: Email: support@verydesi.com Phone: (503) 898-0503‬ Address: 1155 SW Morrison St, Portland, OR 97205

    Very Desi Logo

    1155 SW Morrison St, Portland,
    OR 97205

    support@verydesi.com

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