VRMB
Website Terms of Use
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS WEBSITE
By viewing, using, or otherwise interacting with the website(s) located at http://www.vrmb.com and/or http://www.vacationrentalmarketingblog.com or any materials available for viewing or download from such website, including, but not limited to the Inner Circle (collectively, the “VRMB Website”), you agree to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the VRMB Website or any VRMB materials.
We may revise these Terms of Use at any time without notice to you by posting a revised version on the VRMB Website. Such revised Terms of Use shall be effective as to all use of the VRMB Website (including with respect to existing users, members, and account holders) upon posting, and your sole remedy should you disagree with any such revision shall be to cease to use the VRMB Website. If you have any questions about these terms of use, please contact us by [email protected]
1. Materials
The VRMB Website, and the VRMB service generally, is owned and operated by VRMB, LLC. (“VRMB” or “we” or “us” or a similar designation). All right, title and interest in and to the materials displayed, published, downloaded, or otherwise provided on or by the VRMB Website or through the VRMB service, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the "Materials") are owned by VMRB or by its respective third party authors, developers, or vendors. Except as otherwise expressly permitted by VMRB in writing, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the VRMB Website shall be construed to confer any license to such effect to any of VRMB’s intellectual property rights in the Materials or the VRMB Website, whether by estoppel, course of dealing, or otherwise. Please contact VMRB by email if you have any questions about obtaining a license to use the Materials for any purpose other than as expressly permitted by these Terms of Use. Any rights not expressly granted herein are reserved by VMRB.
You agree that VRMB may in our sole discretion, without notice of any sort, but has no obligation to: (a) modify from time to time the design and functionality of the VRMB Website and all services we offer; (b) edit, modify, or remove certain Materials; (c) reasonably edit any submission or posting you or any other user provides; or (d) otherwise modify or remove any content, service, feature, or other aspect of the VRMB Website or the Materials.
2. Limited Permission to Use Materials
If you are not a member of or account holder for any VRMB services, your rights to the Materials are limited to the display, on a single web browsing device, of those Materials which are available without payment or log-in on the VRMB Website, which are a free resource to help grow your business and to help you evaluate whether you are interested in subscribing to VRMB services in order to, among other things, have access to Materials available to VRMB members.
If you are a paying member and account holder, VRMB hereby grants you permission to use, view, copy and print the applicable Materials solely for your personal or business internal informational use, but never for republication or redistribution in any manner. See below for additional terms regarding our rule that each account is for the benefit of a single person or business.
If you print or otherwise create any copy of the Materials, you must reproduce, in full, any copyright, trademark, or other intellectual property notice on or in the Materials. You may not re-publish the Materials on any other website or make them available to any third parties.
The above constitutes the sole license, and your sole rights, to the Materials, and all other rights are retained exclusively by VRMB and/or its licensors. The above permission to use the Materials shall terminate automatically without notice upon (a) any breach by you (or anyone else who has access to the Materials through you) of these Terms of Use or any other terms of your membership with the VRMB service; or (b) the expiration of your VRMB membership, as applicable.
3. Links to Third Party Sites
The VRMB Website may contain links to websites controlled by parties other than VRMB ("Third Party Sites"). VRMB is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third Party Sites. VRMB provides links to Third Party Sites solely as a convenience to its members, and the inclusion of any link does not imply endorsement by VRMB of a Third Party Site. You bear all risks associated with Third Party Sites and VRMB is not responsible for any claim, loss or damage relating to or arising out of any Third-Party Site or your use thereof.
4. Member Activities and Posted Information
The identity of, or other information pertaining to, members and others using the VRMB Website may be discernible to you or others based upon the comments such members submit to, or their other activities on, the VRMB Website. You acknowledge that such activity on your part may result in others knowing your identity or having access to the comments or other materials you submit.
Notwithstanding such access, you may not use the VRMB Website except to participate in the activities and discussions expressly authorized by VRMB, and for no other purpose. Prohibited activities include, without limitation: mining for email addresses or other contact information; sending or posting unsolicited marketing or sales solicitations or spam; contacting anyone with whom you do not have a preexisting relationship (other than as participants of the VRMB Website); imitating or impersonating another person or entity (or misrepresenting your role with any organization); attempting to discern the log-in credentials of another member; selling or distributing email addresses or other contact information except with the owners’ express consent; submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, or otherwise inappropriate (in the discretion of VRMB) content; distributing malicious technologies such as viruses or adware; perpetrating hoaxes or pyramid schemes; encouraging unlawful or inappropriate behavior; posting the intellectual property owned by another without permission; or interfering with another’s use or enjoyment of the VRMB Website or Materials.
Except when otherwise expressly stated by VRMB, you agree that VRMB has no responsibility for any user or member posted opinions, statements, or other content. Some of the content and information posted on the VRMB Website is provided by third parties and the opinions and statements appearing on the VRMB Website are not those of VRMB or its management, and VRMB bears no responsibility for the accuracy or content of any such material. You expressly release VRMB and its officers, directors, employees, and agents from any liability or obligation relating to such third-party opinions, listings and other statements. The VRMB Website provides a public forum for the exchange of opinions regarding certain products and services, and you acknowledge that others' opinions may differ from your own and that the contents of any such opinions or assertions shall not give rise to any claim or right against VRMB, its sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.
5. Membership Terms, Conditions, and Cancellation
Each member account, and the Materials accessed under such account, are for the sole benefit of a single person or business entity, and no more than one, meaning that you may use the Materials and participate in VRMB member activities for yourself personally, or for a single business of which (a) you are an active, paid employee (not including engagement as an independent contractor) or (b) you are a principal (meaning that you own more than 5% of the voting equity of such business), but not any other business or entity, unless you receive express written permission from VRMB. If you desire to use the Materials and/or participate in VRMB member activities for the benefit of additional persons or entities, you must register another account for each such person or entity or contact VRMB about a multi-user account. (For the purposes of further clarification: if you are a business consultant or provide related services to more than one business organization, we welcome your membership, but you may not use a single VRMB membership to provide Materials to any client or organization other than the one for which you specifically register such membership.)
Any violation of the letter or spirit of these Terms of Use, or any other rule, policy, restriction or limitation set forth on the VRMB Website, is grounds for immediate termination of access, posting, or use privileges in VRMB’s sole discretion. VRMB shall have no liability whatsoever arising out of termination of your access, posting, or other use privileges.
When you register an account and become a VRMB member, you must submit and maintain current and accurate account and contact information, including a working e-mail address. We may distribute notices and other important information to members to such e-mail address, and you are deemed to have received such notice if sent to the address of record for your account. You warrant and represent that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your membership, and VRMB reserves all remedies with respect to any false information submitted to us and/or the VRMB Website.
Your membership, and access to Materials and activities on the VRMB Website, is limited to the applicable timeframe of your membership. After the last day of your paid membership (as applicable), your access will terminate unless your membership is renewed and payment is timely received. If your membership is recurring or auto-renewing, you must provide notice of cancellation at least three business days prior to your billing date for such cancellation to be effective before the next renewal, otherwise cancellation shall be effective at the end of the following membership period.
If you choose an auto-renewing membership with recurring billing, you hereby authorize VRMB to store your payment card information in a PCI compliant manner and to process applicable charges for each billing cycle of your membership. You shall also be responsible for (a) any taxes applied to the sale of VRMB products or services, (b) any charge-back fees or other expense incurred by VRMB arising out of the payment card information you provide to VRMB, and (c) all connection charges, data charges, or other costs or expenses associated with your connection to the VRMB Website. Payments to VRMB are not refundable, absent manifest error.
If your account is held by a business organization and the user who registered or used your account leaves your organization, please contact us so that we may reissue new login credentials to your organization so as to avoid any violation of the single-entity rules above. Memberships may not be transferred to another organization.
VRMB reserves the right to refuse service or membership to any person for any reason. In addition, we reserve the right to terminate any account or membership for any reason or no reason, provided that if such termination is for no reason, we will refund a pro-rated portion of any prepaid membership fee.
6. NO WARRANTY.
THE VRMB WEBSITE AND ALL MATERIALS PROVIDED THEREON ARE PROVIDED ON AN "AS IS," “WHERE IS,” AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VRMB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE VRMB WEBSITE, PARTICIPATION IN VRMB ACTIVITIES, OR USE OF THE MATERIALS IS WITH YOU.
THE MATERIALS ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY LEGAL, TAX, MEDICAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE MATERIALS MAY NOT COMPLY WITH LEGAL REQUIREMENTS OR PRECEDENT IN YOUR JURISDICTION. YOU ACCEPT SOLE RESPONSIBILITY TO CONSULT WITH AN ATTORNEY (OR OTHER APPROPRIATE PROFESSIONAL) PRIOR TO USE OF THE MATERIALS IN ANY MANNER OTHER THAN STRICTLY FOR INFORMATIONAL PURPOSES.
VRMB MAKES NO WARRANTY THAT: (A) THE VRMB WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE VRMB WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VRMB WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE VRMB WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VRMB WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE VRMB WEBSITE IS AT YOUR OWN DISCRETION AND RISK. VRMB SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER (OR OTHER BROWSING DEVICE, OR ANY OTHER DEVICE CONNECTED THERTO) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, VRMB SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL VRMB, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE VRMB WEBSITE OR MATERIALS AVAILABLE FROM THE VRMB WEBSITE, EVEN IF VRMB HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO VRMB’S MAKING THE VRMB WEBSITE AND THE MATERIALS AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF.
8. Indemnification
You agree to defend, indemnify and hold harmless VRMB, its officers, directors, shareholders, employees and agents from and against any and all third party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your breach of these Terms of Use or (b) your access to or use of the VRMB Website and the Materials.
9. Your Submissions
You agree that VRMB shall have the right, but not the obligation, to choose the contents displayed in public, community, feedback, and forum features within the VRMB Website and that it shall have no obligation to use or display any content or submission from you. You also agree that VRMB shall have the right, but not the obligation, to edit, redact, or remove any content or submission from you or any other person.
VRMB does not want you to submit confidential or proprietary information to it through the VRMB Website. All comments, feedback, information or material submitted to VRMB shall be considered non-confidential and may be used or distributed by VRMB for any purpose, in its sole discretion, without further compensation to you, unless otherwise expressly agreed by VRMB in writing. You acknowledge that such submissions may become publicly available and you waive all moral or personality rights associated therewith.
By submitting any information or materials to VRMB you hereby assign to VRMB, at no charge, an irrevocable, worldwide, perpetual license to use any and all information or materials submitted to VRMB, including “for profit” purposes, such as advertising and promotional purposes, through all media (now existing or hereafter developed) and any manner, throughout all time. You represent that any materials or information you submit are (a) accurate and not misleading, and (b) owned by you, or licensed by you in a manner sufficient for you to submit the same to VRMB as contemplated in these Terms of Use. You further agree to indemnify VRMB for any claims, losses, expenses (including reasonable attorney's fees and expenses) and other damages suffered as a result of your violating this subsection.
10. VRMB Website Usage
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the VRMB Website in a manner that sends more request messages to the VRMB Website servers in a given period of time than a human would produce in the same period by using a conventional web browser. VRMB allows the operators of bona fide public search engines to use spiders to copy materials from the VRMB Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the VRMB Website source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. VRMB reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
11. Compliance with Laws
You may not access, download, use or export the VRMB Website or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations.
12. Children.
Minors are not eligible to use the VRMB Website, and we ask that they do not submit any personal information to us.
13. Governing Law; Venue
These Terms of Use, and your rights and obligations hereunder or with respect to your use of the VRMB Website or the Materials, shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules.
Any legal action relating to these Terms of Use, or the VRMB Website or Materials, may be instituted in a state or federal court in Cook County, Illinois, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and each of you and VRMB agrees to non-exclusive personal jurisdiction and venue in Cook County, Illinois.
These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through the VRMB Website or otherwise involving VRMB.
14. Privacy Policy; Other Website Rules
You agree to the Privacy Policy, to which you are also bound. All limitations of liability, disclaimers of warranty, jurisdictional and venue provisions in these Terms of Use shall apply to any claim or question under the Privacy Policy and shall be deemed incorporated therein by reference. All other VRMB policies or rules set forth on the VRMB Website are also binding on you and apply to your use of the VRMB Website, and your violation thereof shall be deemed a breach of these Terms of Use.
15. Intellectual Property Notices
Copyright © 2017, VRMB, LLC. ALL RIGHTS RESERVED.
VRMB and all icons, logos, trade dress, and other trademarks, service marks, or similar property are owned by VRMB, its licensors, or their respective property owners.
VRMB TERMS OF USE VERSION 1.0 (May 24, 2017)