Visualize My Search Terms of Use
1. Introduction
Welcome to Visualize My Search, LLC (“VMS”, “we” or “us”). These Terms of Use apply to this website located at https://visualizemysearch.com (the “Site”) and all other sites, mobile sites, products, and services (collectively, “VMS Products”, and “Products”) where these Terms of Use appear or are linked.
Please read these Terms of Use carefully. These Terms of Use are a legal agreement between you and VMS and apply to you whether you are a VMS Member (defined below) or a visitor just browsing the Site (collectively, "VMS Users"). By accessing or using the VMS Products, you agree to be bound by these Terms of Use and all applicable laws and regulations. VMS may amend these Terms of Use from time to time.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING, USING OR PURCHASING VMS PRODUCTS.
2. Privacy Policy
Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from VMS Users. Please read VMS’s Privacy Policy carefully.
3. Proprietary Rights
The VMS Products, including, but not limited to, courses, videos, text, PDF files, graphics, images, services, and websites, are the property of VMS, and are protected by the copyright and other related laws of the United States and international treaties.
The delivery of any VMS Products to you does not create an ownership interest in the VMS Products. We do not grant you any licenses or rights, express or implied, to the intellectual property of the VMS Products.
4. Prohibited Activities
You may use the VMS Products only for lawful purposes and in accordance with these Terms of Use. You agree not to copy the VMS Products; modify, publish, transmit, reverse-engineer, transfer, or sell the VMS Products; create derivative works of the VMS Products or any part thereof; access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the VMS Products using a robot, spider, scraper or other automated means or manual process without our express written permission; damage, disable, overburden or impair the VMS Products; and allow third parties to violate the above prohibited uses.
Any attempt to perform any of the prohibited activities listed above is a violation of the rights of VMS and/or the intellectual property rights holder.
5. Eligibility
To use the VMS Products or create an account, you must be an individual at least 18 years of age.
6. Your Account
Some VMS Products require you to create a VMS account and become a “VMS Member”. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree that we may take steps to verify the accuracy of information you provide. You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
Your username and password are for your personal use only. You agree not to disclose your password to anyone. You alone are responsible for maintaining the confidentiality of your username and password, and you alone are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the VMS Products.
VMS reserves the right, without notice and at its sole discretion, to terminate your account or your use of the VMS Products and to block or prevent future access to and use of the VMS Products if you (i) violate any of these Terms of Use; or (ii) engaged in prohibited activities. Upon any such termination, your right to use the VMS Products will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the VMS Products. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, shall survive such termination. Any content that you have submitted to the VMS Products may no longer be accessed by you.
7. Fees and Payments
Some VMS Products require paid annual subscriptions (“Subscription Fee”, “Membership Fee”) to access, as per the pricing and payment terms presented to you for that product. You hereby authorize VMS to collect fees by charging the credit card you provide to us as part of your VMS account information, either directly or indirectly via a third-party online payment service, such as Stripe or PayPal ("Payment Method"). Payments are non-refundable, except when provided for in these Terms of Use or required by law. Payment processing is subject to the terms, conditions, and privacy policies of the applicable payment processor, in addition to these Terms of Use. You must ensure the accuracy of the credit card information you provide and promptly inform VMS of any changes to such information.
We will begin billing your Payment Method for annual Membership Fee immediately. We will continue to bill your Payment Method on an annual basis for your Membership Fee until you cancel.
By starting your VMS membership and providing a Payment Method, you authorize us to charge you an annual Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the VMS Products to your Payment Method.
We may change the Subscription Fee from time to time, and will communicate any price changes to you in advance. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use your subscription after the price change takes effect, you accept the new price, as permitted by local law. If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription before the price change goes into effect. Please ensure that you carefully read any notification of price changes.
Unless otherwise disclosed when you subscribe, you have the right to cancel your VMS Products subscription. You can also cancel auto-renewal on your subscription immediately after it starts if you do not want it to renew. You can cancel your subscription or auto-renewal at any time by contacting us at [email protected].
When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the VMS Products until the end of that billing cycle before terminating. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the VMS Product prior to the date of cancellation.
All fees and charges are in US dollars, and all payments must be in US currency. We will not credit, refund or reimburse you for any foreign exchange fee charged by your credit card or any difference in fees due to currency conversion.
Lifetime Pre-Release Price lasts if subscription (membership) continues. Once a subscription (membership) is canceled, you should resubscribe at the then current price and payment terms.
We offer a full refund within seven (7) days of your initial subscription. Refunds are for new members only. Please contact [email protected] to initiate the refund process.
8. Links to Third-Party Sites
The VMS Products may, from time to time, provide links to any third-party websites or resources. You should be aware that VMS does not control these sites and is not responsible for the contents or privacy practices of any third-party site or resources. VMS provides these links to only as a convenience to you. The inclusion of any link does not imply endorsement by VMS of the third-party site.
9. User Submissions
The VMS Products may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video or other content (“User Submissions”), which may be accessible and viewable by other users or by the public.
You may not submit or upload User Submissions that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership of your User Submissions; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license to use, reproduce, transmit, publish, publicly display, distribute, copy, comment on, modify, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Submissions, in whole or in part, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity.
We may remove your User Submissions or communications at any time and for any reason. We may terminate your account and access to the VMS Products if your User Submissions violates these Terms of Use, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
10. Disclaimers
VMS HEREBY DISCLAIMS ALL WARRANTIES. VMS SERVICES ARE DISTRIBUTED AND PROVIDED “AS IS” AND WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. VMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, THE USE OF, THE RESULTS OF THE USE OF, OR RELIABILITY OF THE USE OF THE SITE OR THE PRODUCTS OR ON ANY SITES LINKED TO THIS SITE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE PRODUCTS. VMS DOES NOT WARRANT THAT THE SITE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. VMS SERVICES COULD INCLUDE INACCURACIES IN THE INFORMATION THEREIN OR TYPOGRAPHICAL ERRORS. VMS DISCLAIMS ALL LIABILITY RELATED TO SUCH INACCURACIES OR ERRORS. VMS RESERVES THE RIGHT, BUT DOES NOT WARRANT, TO MAKE IMPROVEMENTS OR CHANGES WITHIN VMS PRODUCTS AT ANY TIME WITHOUT NOTICE.
VMS PRODUCTS ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN VMS PRODUCTS IN ANY WAY IS NOT TO BE CONSTRUED AS LEGAL ADVICE OR PROFESSIONAL ADVICE. YOU SHOULD CONSULT PROFESSIONAL ADVISORS WHEN SEEKING ADVICE. VMS DOES NOT PROVIDE EDUCATIONAL CREDITS OR CERTIFICATES OR ALTERNATIVES OF ANY KIND.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
VMS’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VMS BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS, BUSINESS INTERRUPTION, CLAIMS OR COSTS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, ARISING OUT OF THE USE OR IN CONNECTION WITH THE SERVICES ON THE VMS SITE, WHETHER IN CONTRACTS, TORTS, STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF VMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, USER'S SOLE REMEDY FOR ALL CLAIMS RELATED TO SERVICES IS TO DISCONTINUE USING THE SITE AND THE VMS PRODUCTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN ANY BILLING CYCLE, THE AGGREGATE TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR VMS PRODUCTS AND THESE TERMS OF USE WILL NOT EXCEED THE AMOUNT YOU PAID TO VMS FOR YOUR USE OF THE SITE OR VMS PRODUCTS THE PRECEDING BILLING CYCLE. FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL VMS BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE SITE OR VMS PRODUCTS IN VIOLATION OF THESE TERMS OF USE, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCOUNT DUE TO SUCH VIOLATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. Electronic Notices
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
13. Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of Sacramento County, State of California, in all disputes arising out of or related to the use of the Site or VMS Products.
14. Modification to these Terms of Use
VMS reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without notice. You should read these Terms of Use periodically for any changes. By continuing to use this Site or VMS Products, you will be deemed to have accepted the changed Terms of Use.
15. Contact
Email: [email protected]