Terms and Conditions

INTRODUCTION

The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and "Us", refers to vMarked, LLC. “Site” refers to vmarked.com, including any webpages and subdomains thereof. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This Agreement contains the complete terms and conditions that apply to your participation in our Site. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. If you wish to become a client of this website, please read these terms of use carefully before using our site and its services. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.


MEMBERSHIP AND BILLING

Free Trials

Your membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"), to use our service. We will begin billing your Payment Method for annual membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one year of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a yearly basis for your membership fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods.

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships might be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, year or yearly refers to your billing cycle (See "Billing" below).

Billing

By starting your membership with the Site, you are expressly agreeing that we are authorized to charge you a yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Site to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each year thereafter unless and until you cancel your membership. Please contact us if you have any questions about the commencement date for your next renewal period. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each year may vary from time to time for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your membership with the Site, which may start with a free trial portion, will continue year- to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each year in order to avoid billing of the next year’s membership fees to your Payment Method. We will bill the yearly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your membership with the Site at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.


USE OF THE SITE AND PROHIBITIONS

You understand and agree that you will use the Site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

You further understand and agree that by using the Site for purposes of providing public notice, such as giving notice to the public that an article is patented in accordance with the provisions of 35 U.S.C. §287(a), you accept full responsibility for determining whether use of the Site is appropriate for satisfying any and all legal requirements for providing such notice. You may view, download for collection purposes only, and print pages or other contents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
(a) You must not use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools.
(b) You should not post any blogs, items, messages, and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons.
(c) You must not republish, sell, rent or sub-license any materials from this website including republication on another website.
(d) You must not collect and disclose information about users’ personal information.
(e) You must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
(f) You must not post false, inaccurate, misleading, defamatory, or libelous content.
(g) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.


REGISTRATION / CLIENT ACCOUNT

As a condition of becoming a client of this website including the use of its tools, applications and services, you are required to register with the site and be required to provide password and user name. You must complete the full registration process and shall provide the site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.

You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Client Account, username, or password of another Client at any time. You agree to notify us immediately if you suspect any unauthorized use of your Client Account or unauthorized access to your password. You are solely responsible for any and all use of your Client Account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the Site shall be subject to the terms of vMarked, LLC’s Privacy Policy. In addition, you may not use or attempt to use another's Client Account or create a false identity on our Site.


MATERIALS POSTED BY CLIENTS

You are responsible for the content of your communications, including product descriptions that you post, and their consequences. We reserve the right to terminate your registration if we become aware, at our sole discretion, that you are violating any of the guidelines set forth in this agreement and privacy policy. We do not endorse or guarantee the accuracy, integrity or quality of any posting, including client’s product descriptions of any kind.

By participating in this site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.


WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY

You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

You hereby accept and agree that it is beyond our control, and we have no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.

You further hereby accept full responsibility for determining whether services provided by the Site satisfy notice requirements, including but not limited to the notice requirements under 35 U.S.C. §287(a). You further agree to release us from all liability associated any notice requirement not being satisfied by your use of the Site.

It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at any time. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.


INTELLECTUAL PROPERTY RIGHTS

The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make portions of the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site shall remain the property of vMarked, LLC and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.


NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us.


WAIVER AND SEVERABILITY OF TERMS

Failure of the vMarked, LLC to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.


ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the substantive laws of Texas, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.


CHOICE OF LAW; JURISDICTION; FORUM

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Texas, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.


TERM

This Agreement will remain in full force and effect while you use the Site. You may terminate your account at any time for any reason by contacting us using contact information posted on the Site. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.


PRIVACY STATEMENT

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our clients. We will investigate unauthorized actions against computer systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.