Terms of Use


last revised:  June 01, 2025

Virtual Market Center, LLC Terms of Use

Welcome to virtualmarketcenter.com, a website and online service owned and operated by Virtual Market Center, LLC, a Nevada limited liability company ("Virtual Market Center, LLC", "Company", "we," or "us"). This page explains the terms by which you may use our Service.

By accessing or using Virtual Market Center, LLC services, website (including all areas of the site), applications and software provided online and made available offline through or in connection with the service, including through a mobile device (collectively, the "Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (the "Agreement" or "Terms of Use").

By using the Service you agree to the Terms of Use, whether or not you are a registered user of our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, Members, and others who access the Service ("Users").

  • Use of Our Service

    The Service is a digital platform that provides information and immersive virtual experiences for a variety of products and services, including but not limited to interior design, furnishings, lighting, décor, kitchens, bathrooms, building finishes, consumer goods, real estate, and other commercial or residential offerings.

    The Service enables suppliers, manufacturers, property owners, developers, exhibitors, and other content providers ("Exhibitors") to present their offerings through virtual showrooms, virtual tours, and other interactive experiences, and to communicate with visitors in real time where enabled. Registered users ("Members") may access public and non-public content and experiences made available by Exhibitors, subject to any access restrictions imposed by such Exhibitors.

    Virtual Market Center, LLC does not limit the Service to any specific product category or industry. Exhibitors may, in their discretion, make their content available to all Members or restrict access to approved Members only.

    Virtual Market Center, LLC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service in accordance with this Agreement, provided that you do not copy, distribute, or modify the Service except as necessary for its intended use and that you otherwise comply with all terms of this Agreement and applicable law.

  • Eligibility

    Use of the Service is void where prohibited. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Virtual Market Center, LLC may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under 13 years of age.

  • Term and Termination

    This Agreement shall remain in full force and effect while you use the Service. Virtual Market Center, LLC may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Virtual Market Center, LLC's sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours.

  • Membership Accounts

    Certain features of the Service are available only to registered users ("Members"), including access to restricted content, professional-only areas, and account-based functionality. To become a Member, you must register directly with Virtual Market Center, LLC and create an account. Membership accounts are provided at our discretion and may be subject to verification of professional credentials where applicable.

    Individuals who access virtual experiences that are publicly available, or who enter a virtual experience by invitation from a Member or Exhibitor ("Visitors" or "Guests"), are not required to create a membership account in order to view or participate in such experiences. Access for Visitors or Guests is limited to the scope and duration authorized by the applicable Member or Exhibitor.

  • Account Security

    When registering as a Member, you will be required to provide an email address and create a password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree not to share your account credentials or permit any third party to access your account.

    You must notify Virtual Market Center, LLC immediately of any unauthorized use of your account or any breach of security. While Virtual Market Center, LLC is not responsible for losses resulting from unauthorized account use, you may be responsible for losses incurred by Virtual Market Center, LLC or others due to misuse of your account.

  • Communications and Notifications

    By providing Virtual Market Center, LLC with an email address, you consent to receive Service-related communications electronically, including legally required notices, account notifications, and access invitations, in lieu of postal mail.

    Where enabled, Visitors or Guests may receive electronic invitations to enter a virtual experience and courtesy messages related to their participation, such as entry or exit confirmations. Registered Members or Exhibitors may receive notifications when a Visitor or Guest enters or is present within a virtual experience and may receive activity-related notifications associated with such visits, subject to available features and settings.

    Virtual Market Center, LLC may also send informational or marketing communications regarding Service features, updates, or special offers. You may opt out of non-essential or marketing communications at any time by using the "unsubscribe" link in the message, emailing help@virtualmarketcenter.com, or writing to: Customer Support, Virtual Market Center, LLC, 4730 S. Fort Apache Rd, Suite 300, Las Vegas, NV 89147, USA.

    Opting out of marketing communications will not affect your receipt of required Service-related or transactional notices.

  • Requirements

    Member accounts are limited to one account per person. When creating your account, you must provide accurate and complete information. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else (e.g., adopt the identity of a co-worker). You may never use another Member's account without permission. Although Virtual Market Center, LLC will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Virtual Market Center, LLC or others due to such unauthorized use.

Usage Permissions and Restrictions

  • Personal Use.

    The Service is for the personal use of Members only.

  • Non-Commercial Use.

    The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or expressly approved in writing by Virtual Market Center, LLC.

  • Restrictions.

    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Virtual Market Center, LLC servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Illegal and/or unauthorized use of the Virtual Market Center, LLC Service, including collecting and/or harvesting personally identifiable information, including usernames and/or email addresses of Members, by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the website is prohibited. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages. Appropriate legal action will be taken for any illegal or unauthorized use of the Virtual Market Center, LLC Service.

  • Billing and Payments

    General. You acknowledge that Virtual Market Center, LLC may charge a fee for the use of any aspect of the Service, provided that Virtual Market Center, LLC notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. Member agrees to pay for all features used through the Website using the payment method indicated and provides Virtual Market Center, LLC and its third party payment processors express authorization to charge said fees to the Member's payment provider at the time of purchase or renewal. Fees owed depend on the specific type and quantity of Virtual Market Center, LLC products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Virtual Market Center, LLC may immediately cease to provide any and all Deliverables to the Member.

    It is the Member's responsibility to promptly provide Virtual Market Center, LLC with any contact information changes or updates (including phone number, email address, physical address, etc.). Account updates should be made online via the "My Account" section, once a member has logged into the Service. Virtual Market Center, LLC does not validate all credit card information required by the Member's payment provider to secure payment. Orders may be charged, fulfilled, and processed by an authorized third-party partner of Virtual Market Center, LLC, in which case any refunds, charge-backs, returns, or product substitutions will be subject to the discretion and policies of such third-party provider. Virtual Market Center, LLC does not store or retain your credit card information; such payment fulfillment functions are performed by our third-party service provider PayPal Inc., and your submission of your information to such provider is subject to the online policies of the applicable provider which processed your order. All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

    Prices. All pricing is in United States dollars. Prices are current at the time of publication and are subject to change without notice.

    Taxes. Members will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Member's sale or purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Virtual Market Center, LLC reserves the right to collect such taxes or other fees from you at any time.

  • License Grant

    Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Virtual Market Center, LLC reserves all rights not expressly granted herein in the Service and the Content (as defined below). Virtual Market Center, LLC may terminate this license at any time for any reason or no reason.

  • Proprietary Rights

    Intellectual Property Rights.

    For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

User Content and User Content Responsibility

  • User Content and User Content Responsibility

    Certain areas of the Service allow registered users ("Users") to upload, display, or otherwise make available content, including text, images, videos, product information, data, and other materials ("User Content"). You are solely responsible for all User Content you post. Virtual Market Center, LLC acts only as a hosting platform and does not claim ownership of User Content, which remains the property of the User.

    Users may control the visibility and use of their virtual showrooms, including the ability to keep a showroom private and accessible by invitation only (including B2B use), restrict access to approved users, or make a showroom publicly accessible for B2C or D2C purposes. The access level and intended use of each showroom are determined by the User, subject to the Service's available features.

    You represent that you own or have the necessary rights to post your User Content and that such content does not violate applicable law or infringe the rights of any third party. Virtual Market Center, LLC does not review User Content for accuracy and is not responsible for User Content, except as required by law or as described in this Agreement or the Privacy Policy. Posting User Content on the Service does not replace formal intellectual property registration or protection.

  • Responsibility for User Content

    Virtual Market Center, LLC ("VMC") does not control or assume responsibility for any User Content made available through the Service and disclaims all liability arising from such content. Any use of or reliance on User Content is at your own risk, and VMC is not responsible for its accuracy, legality, or public display.

    The Service operates solely as a technology platform that enables Users to share information and virtual experiences. VMC is not a party to, and does not participate in, any transactions, communications, or agreements between Users, Exhibitors, or Visitors. You agree to hold VMC harmless from any claims, disputes, or liabilities arising from such interactions or transactions.

    You acknowledge that you may be exposed to User Content that is inaccurate or objectionable and agree that VMC shall not be liable for any resulting damages. Any downloading or access of User Content is done at your own discretion and risk.

  • User Content License.

    By submitting User Content to the Service, you hereby grant Virtual Market Center, LLC a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content in connection with the Service and Virtual Market Center, LLC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Use. The above licenses granted by you in User Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Virtual Market Center, LLC may retain, but not display, distribute or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

  • Additional Representations and Warranties.

    You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: (i) You are at least 13 years of age, or if you are under 13 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; and (ii) Your User Content and Virtual Market Center, LLC's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

Informational Purpose

  • No Reliance.

    The Service, and the Content therein, is for informational purposes only. All Content is subject to modification, change and/or being withdrawn at any time in the sole discretion of Virtual Market Center, LLC and its affiliates. Reliance on any information provided by Virtual Market Center, LLC employees, others appearing on the Service at the invitation of Virtual Market Center, LLC, or other visitors to the Service is solely at your own risk.

  • Décor Descriptions

    All descriptions, representations, and information relating to virtual experiences, including furniture, art, decorative products, lighting, kitchen and bathroom finishes, real estate, and any related subcategories, displayed within a design showroom on the Service are provided solely by the applicable Exhibitor. Each Exhibitor is responsible for the accuracy, completeness, and compliance of such descriptions.

  • Transactions between Users and Exhibitors.

    Any transactions between Users and Exhibitors are the sole responsibilities of those parties. The Service is merely a passive conduit to facilitate interactions but does not participate in such transactions.

  • Exhibitor Content.

    The views, thoughts, and opinions expressed by Exhibitors on the Service belong solely to the author and are not those of Virtual Market Center, LLC, its officers, employees, or affiliates. Any assumptions in any analysis or recommendations made in such content are not reflective of any other person or entity other than the exhibitor, who may change his/her thoughts, views and opinions at any time, and should not be held to such views in perpetuity.

  • DMCA Copyright Policy

    Virtual Market Center, LLC ("VMC") respects the intellectual property rights of others and expects Users to do the same. Users may not post or distribute copyrighted material without authorization from the rights owner.

    In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, VMC will respond to valid notices of claimed copyright infringement and may, in appropriate circumstances and at its discretion, terminate accounts of Users who are repeat infringers.

    Notice of Infringement

    If you believe that your copyrighted work has been infringed on the Service, please submit a written notice to VMC's designated copyright agent including:

    • Your physical or electronic signature;
    • Identification of the copyrighted work;
    • Identification and location of the allegedly infringing material;
    • Your contact information;
    • A good-faith statement that the use is not authorized; and
    • A statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

    Counter-Notice

    If you believe content was removed in error, you may submit a counter-notice including:

    • Your signature;
    • Identification of the removed content and prior location;
    • A statement under penalty of perjury that the removal was a mistake or misidentification; and
    • Your contact information and consent to the jurisdiction of the federal courts in Nevada, USA.

    Unless the copyright owner files a court action, VMC may restore the content within 10–14 business days.

  • Mobile Use

    By providing us with your mobile phone number, you agree to receive such SMS-based communications to the mobile number associated with your registered mobile device. To opt-out of receiving these SMS-based communications, follow the instructions in the body of the SMS message. In the event you elect to opt-out of such SMS-based communications, you may receive an additional message from the Service confirming your election. Virtual Market Center, LLC does not warrant that the text messaging service will be uninterrupted or error free. Though you may access the Service via a mobile device, Virtual Market Center, LLC shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Virtual Market Center, LLC such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

  • Privacy

    We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

  • Security

    Virtual Market Center, LLC has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

  • Third-Party Websites, Advertisers or Services

    Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Virtual Market Center, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  • Indemnity

    You agree to defend, indemnify and hold harmless Virtual Market Center, LLC and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data transmitted or received by you; (ii) any injury, property damage, illness, disability, medical costs and expenses, death, loss of services or otherwise arising out of, relating to, or in connection with your engaging in any activity offered via the Service; (iii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (v) your violation of any law, rule or regulation of the United States or any other country; (vi) any claim or damages that arise as a result of your User Content or any information that is submitted by you or via your account; (vii) any claim or penalty from a taxing authority related to your activities on the Service; (viii) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (ix) any claim arising out of any transaction you enter into with an Exhibitor.

  • No Warranty

    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VIRTUAL MARKET CENTER, LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. VIRTUAL MARKET CENTER, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH VIRTUAL MARKET CENTER, LLC SERVICE AND VIRTUAL MARKET CENTER, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  • Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRTUAL MARKET CENTER, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. VIRTUAL MARKET CENTER, LLC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER, EXHIBITOR OR OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL VIRTUAL MARKET CENTER, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUAL MARKET CENTER, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING DEATH, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VIRTUAL MARKET CENTER, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO VIRTUAL MARKET CENTER, LLC HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIRTUAL MARKET CENTER, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Disputes

  • Informal Resolution.

    If a dispute arises between You and Virtual Market Center, LLC, you agree to first provide Virtual Market Center, LLC with notice of your complaint via email to help@virtualmarketcenter.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received.

  • Applicable Law and Venue.

    Except as otherwise provided herein, You and Virtual Market Center, LLC each agree that these Terms of Use and the relationship between the parties shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada without regard to its conflict of law provisions. Except as provided below, You and Virtual Market Center, LLC agree to submit to the exclusive jurisdiction of the state and federal courts located in Nevada, USA including for any action seeking to compel arbitration or vacate an arbitral award, and consent to the personal jurisdiction of such courts. The parties agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

  • Arbitration Agreement

    (1) Arbitration. With the exception of class actions, small claims court filings, or actions for preliminary injunctive relief (as further discussed below), any other dispute of any kind between you and Virtual Market Center, LLC arising under this Agreement or in connection with your use of the Service (“Dispute(s)”), if unresolved through the informal process outlined above, will be resolved by binding arbitration in Nevada, USA. If you are an individual consumer using the Service primarily for personal reasons (“Individual Consumer”), as opposed to an individual accessing the Service for business purposes, and you are located within the United States, you may alternatively select your state of residence as the place of arbitration, but all other actions remain subject to the venue and choice of law provisions in Section 21.B.The arbitrator presiding over a Dispute will be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and will follow Nevada law, exclusive of conflict or choice of law rules, in adjudicating the dispute.BY AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. The parties acknowledge that this Agreement evidenced a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act. The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section 21.Cincluding the class action waiver described below. The JAMS rules are available at www.jamsadr.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and binding, on the parties and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, Virtual Market Center, LLC will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the $250 filing fee required for you to initiate a claim. If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by these Terms of Use to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys’ fees incurred in successfully compelling arbitration.

    Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Nevada, USA. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.

    (2)Class Action Waiver. YOU AND VIRTUAL MARKET CENTER, LLC AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF USE OR IN CONNECTION WITH THE SERVICE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Service. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Los Angeles County

    (3) Opt-Out. IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO HELP@VIRTUALMARKETCENTER.COM(“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Virtual Market Center, LLC, Attn: Arbitration Opt-Out, THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME.IF YOU ARE NOT A NEW USER OF THE SERVICE,YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your User account(s) to which the opt-out applies, and the date you started using the Service to: help@virtualmarketcenter.com .This procedure is the only way you can opt-out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  • Availability and Use Outside of the United States

    The Service is controlled, offered and operated from facilities in the United States Virtual Market Center, LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, Virtual Market Center, LLC retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.

  • Notice to Nevada Users

    Nevada residents who believe their consumer rights have been violated may contact the Office of the Nevada Attorney General, Bureau of Consumer Protection for assistance or to file a complaint: 100 North Carson Street Carson City, Nevada 89701 Telephone: (702) 486-3132 Website: https://ag.nv.gov

General

  • Entire Agreement.

    This Agreement, together with any other legal notices and agreements published by Virtual Market Center, LLC via the Service, shall constitute the entire agreement between you andVirtual Market Center, LLC concerning the Service.

  • No Waiver.

    Virtual Market Center, LLC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

  • Headings.

    The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  • Assignment.

    This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Virtual Market Center, LLC without restriction.

  • Severability.

    If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    If you have any questions regarding this Agreement, please contact us at :

    help@virtualmarketcenter.com

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