Terms of Use

Updated as of July 10, 2023

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER SECTION BELOW.

Please review this page carefully. These Terms of Use (“Terms”) constitute a legal contract between you and VMk Agency or one of our affiliates (collectively known as “VMk Agency,” “Company,” “we,” “us” or “our”). The Terms govern your access to and use of the following websites, as well as their subdomains or portals (collectively known as the “Websites” or “Sites”) or otherwise use or interact with all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”):

https://www.vmkagency.com/for-laywers
https://vmkagency.com/
https://guardianesdetusderechos.com

By using the Sites or Services, you agree to these Terms. These Terms form a contract between you and us, and if you are using the Sites or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age.

Changes to these Terms

From time to time, we may decide to modify, add, or delete portions of these Terms and will post those changes here with an updated date at the top. If we do so, your continued use of the Sites or Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, we reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. We further reserve the right to suspend or terminate the Services for any reason or at any time.

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Sites or Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

Additional Terms and Conditions
In connection with your use of the Sites or Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Sites or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Sites or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

Consent to Electronic Communications
By using the Sites or Services, you agree that we may communicate with you electronically regarding your use of the Sites or Services and that any notices, agreements, disclosures or other communications that VMk Agency sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at privacy@vmkagency.com.

Third Party Websites
The Sites may contain links to third party websites that take you outside of the VMk Agency Sites and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Sites, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Sites, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

Prohibited Conduct
You may not access or use, or attempt to access or use, the Sites or Services to take any action that could harm us or any third party, interfere with the operation of the Sites or Services, or in a manner that violates any law(s). For example, and without limitation, you may not:
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites or Services;
Collect or store personal data about other users of the Sites or Services or solicit personal information from any individual without proper rights or the consent of the individual;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or any activity conducted on the Sites or Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Sites. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to Company’s or its users’ computers or systems;
Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
Violate, or encourage any conduct that would violate, any applicable law or regulation; 
Engage in fraud or misuse of the Services;
Cause damage, embarrassment or adverse publicity to Company; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites or Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Security
Violating the security of the Sites or Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. We may suspend or terminate your access to the Sites or Services for any or no reason at any time without notice.
Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Sites or Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

Use of Account; Risk of Loss
VMk Agency reserves the right to refuse service, cancel product or service orders, or remove or edit content, in its sole discretion. If you use an account created on one of our Company Sites, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Sites or Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Sites or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
You agree not to access the Sites by any means other than through a commercially available web browser. You are not permitted to upload material onto the Sites that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Sites, or Company systems and equipment. You may not use the Sites or Services in a manner that could block access to, impair, damage or otherwise disable VMk Agency, the Sites, or any of our servers. You may not attempt to gain unauthorized access to the Sites or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. All materials uploaded are subject to applicable federal, state, and international laws.

Submitted Materials
Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by VMk Agency should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, our Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Sites (including via contact email or forms made available on the Sites). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant VMk Agency a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send us any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that you entirely own the Submitted Material. You further warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize VMk Agency to use Submitted Material as permitted by the license in this Section.
In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Sites or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:
Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party’s right to privacy or publicity;
Degrades others based on gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
Violates any applicable local, state, national or international law, or advocates illegal activity.
Since VMk Agency does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will VMk Agency be liable in any way for Submitted Material made available through the Sites or social media by you or any third party.

Intellectual Property
The Sites contain content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Sites, VMk Agency or its third-party licensors own all Content on the Sites including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Sites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with VMk Agency.
Your use of the Sites shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the relevant Site unless and until VMk Agency gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including the VMk Agency name and logo or any of the trademarks of the Sites, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from the Sites. The use of Content from the Sites on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without VMk Agency’s prior written approval.
For permission to use Content from the Sites or from marketing material authored and distributed by VMk Agency, you must request written permission in advance and provide full attribution. Permission should be requested by contacting privacy@vmkagency.com.

Claims of Infringement
VMk Agency respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, VMk Agency will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. VMk Agency will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide VMk Agency Copyright Agent the following information:
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to VMk Agency Designated Copyright Agent:
Copyright Agent
VMk Agency
Privacy@vmkagency.com

While VMk Agency considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

Indemnification
You agree to defend, indemnify, and hold harmless VMk Agency, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Sites or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable), use of the Sites, or any other use of the Sites or Services using your computer, mobile device, or account credentials.

14. Disclaimers
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, VMK AGENCY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL VMK AGENCY (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF VMK AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VMK AGENCY’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VMK AGENCY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VMK AGENCY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

16. Release
If you have a dispute with us or one or more users of the Sites or Services, you release VMk Agency (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

17. Termination
VMk Agency reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Sites or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms by discontinuing your use of the Services and access to the Sites. VMk Agency also reserves the right, in its sole discretion, to cease providing the Sites or Services at any time.
18. Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

19. Applicable Law
These Terms will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Sites, you waive any claims that may arise under the laws of other countries or territories.

20. Dispute Resolution; Class Action and Jury Trial Waiver
With respect to any and all disputes arising out of or in connection with the Sites, Services, or these Terms (including, without limitation, the Privacy Policy), VMk Agency and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and VMk Agency do not resolve any dispute by informal negotiation within 60 days, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Los Angeles, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Los Angeles, California. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and VMk Agency understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor VMk Agency will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
You agree that VMk Agency is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and VMk Agency understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

21. General
You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. VMk Agency may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and VMk Agency. VMk Agency does not guarantee continuous, uninterrupted or secure access to this Site or Services, and operation of the Sites may be interfered with by numerous factors outside of its control. VMk Agency’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and VMk Agency with respect to the subject matter hereof. Sections 7 (Prohibited Conduct); 8 (Security); 9 (Use of Account; Risk of Loss); 10 (Submitted Materials); 11 (Intellectual Property); 13 (Indemnification); 14 (Disclaimers); 15 (Limitation of Liabilities); 16 (Release); 18 (Severability); 19 (Applicable Law; Jurisdiction); 20 (Dispute Resolution; Class Action and Jury Trial Waiver) and 21 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

22. ADA Compliance Notice
We are committed to making the website’s content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below with “Website Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement, along with information regarding the browser and device you are using to access our Site. We take all feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies.

23. Contact Us
If you have questions about these Terms or the Services, you may contact us as follows:
VMk Agency
Email: privacy@vmkagency.com
Phone: 1-954-603-3752
If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at: privacy@vmkagency.com.
GENERALLY, WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED? One of the basic principles we’ve tried to follow in designing the Site is that we ask for only the information we need to provide the service you’ve requested. As a result, the information we collect and store depends almost entirely on how you choose to make use of the Site and its related services.
PERSONAL INFORMATION We collect and store information that you enter into the Site or that you provide through our Customer Service Department. For example, when you provide information about your accident to us or download information that requires submission of a form, we collect and store some or all of the following information that you provide, for example: name, address, email address, telephone number and a description of your case. This information is used to provide the services that you have requested, and to provide customer service. Information not required to provide the services that you have requested is always optional. Personal Information may also be collected in certain portions of the Site in which you specifically and knowingly provide such information to us or to operators of subnetworks within the Site (“Subnetwork Operators”), suggestions, or customer service requests. Some of this information also may be used to contact you about new features, new services, and special offers unless you have elected to not receive such promotional communications in connection with the Site.
TRANSFER OF EMAIL ADDRESSES We will not give, sell, or otherwise transfer email addresses maintained by the Site to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages to you.
ANONYMOUS INFORMATION Through your use of the Site, we may also gather certain information that does not identify you individually (“Anonymous Information”). Generally, this information is collected through “traffic data”. We collect and store certain other information automatically whenever you interact with the Site. For example, we collect your IP address, browser information and reference site domain name every time you visit the Site. We also collect information regarding customer-traffic patterns and site usage. This information is used to analyze and improve the Site and to provide our customers with a fulfilling experience.
COOKIES AND SPYWARE We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer. Like many websites, we use “cookies”, which are files stored on your computer’s hard drive by your browser. Cookies help us to identify users and to optimize their experience. Cookies also allow us to hold selections in a “shopping cart” when a user leaves the Site without checking out and send reminder emails about your requests and other opportunities. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies “turned on” so that we can offer you a better user experience on the Site. You may occasionally get Cookies from companies advertising on our behalf. We do not control these Cookies, and these Cookies are not subject to this Privacy Policy.
We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide information about our service, recommendations, and special offers that we think will interest you and, if you have agreed to receive email from us, send you reminders about offers and other helpful information.
Our websites use third party vendors, including Google, which use cookies to display our ads based on a user’s prior visits to our website. These ads may contain cookies. While we use cookies in other parts of our Website, cookies received with banner ads are collected by our ad company, and we do not have access to this information. For further information regarding the privacy practices of our advertisement provider, please visit http://www.google.com/privacypolicy.html
Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.
REGULAR CORRESPONDENCE After you submit a web form, we may use the email address and zip codes of all users who subscribe to any of our newsletters or other regular correspondence. Except to our third-party agents (as described below), this information is not shared with any third parties. Anyone who no longer wishes to receive this newsletter or other regular correspondence can, at any time, follow the “Unsubscribe” instructions located within each newsletter.
KIDS AND PRIVACY We do not knowingly collect any personal information from anyone who we know to be under the age of 18. If you are under the age of 18, you should use the Site only under the immediate supervision of a parent or guardian and should not submit any personal information to us. Our Website is not intentionally targeted to children under the age of 18. IF YOU ARE UNDER 18, THEN IMMEDIATELY EXIT THE SITE UNLESS YOU ARE DIRECTLY SUPERVISED BY A PARENT OR OTHER LEGAL GUARDIAN.
HOW DO WE USE YOUR INFORMATION? Except as disclosed in this Privacy Policy, we do not use or disclose information about your individual visits to the Site or your Personal Information collected online to any companies not affiliated with us. If we propose to permit any use of your Personal Information, you will be provided an opportunity to decline such contact.
8.1 Customer Service and Feedback We may use your Personal Information to provide services available through the Site, provide customer service, track your compliance with the Site’s rules and regulations, or for editorial and feedback purposes (to the extent that is explained when you provide the information).
In the event we plan to publicly post any of your Personal Information on the Site (as, for instance, a letter), you will be provided prior notification of such posting and given the option to decline the same.
8.2 Use of Anonymous Information We use Anonymous Information to help us determine how people use parts of the Site and who our readers are so we can improve our Website and ensure that it is as appealing as we can make it for as many people as possible. We also use Anonymous Information to provide statistical “ratings” information in aggregated form to our partners and other third parties about how our users collectively use the vmkagency.com website. We may also use or share Anonymous Information (or other information, other than Personal Information) in any other manner that we deem appropriate or necessary.
8.3 Third-Party Agents We occasionally have third-party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as marketing, computer programming, analytics, customer service, fraud protection, etc. These entities have access to the Personal Information needed to perform their functions and will be contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Site.
8.4 Subnetwork Operators Subnetwork Operators will have access to your user name, location, first and last name. Subnetwork Operators will be subject to the restrictions included in this privacy policy and may not use this information collected by the Subnetwork Operator in any way that would not have been permitted to us under this privacy policy.
8.5 Transactional Partners We may share non-personal information with our partners and others from time to time. Examples of such non-personal information include the number of users who visited the Site during a specific time period or purchased a specific product through the Site. This information generally is shared in an aggregated form.
8.6 Emergency Situations We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on us or the Site; (b) protect and defend the our rights or property, the Site or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Site or the public.
WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE? Personal Information collected by the Site is stored in secure operating environments that are not available to the public. In certain instances, such as in the case of information about your accident, the Personal Information is either encrypted before you conduct your transaction or you are asked not to supply any confidential information about your case. Only those employees who need access to your Personal Information to do their jobs are allowed access. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
While we try our best to safeguard your Personal Information once we receive it, you understand and agree that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. While we have security measures in place to prevent the loss, misuse, destruction and alteration of the information that you provide us or we obtain from you. We will have no liability to you or to any third party arising out of any such loss, misuse, destruction, or alternation.
CONTESTS AND SWEEPSTAKES When we run a contest or sweepstakes relating to the Site, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed, if it is different than as described in this Privacy Policy. Personal Information will be collected only if you voluntarily submit it to our sponsors or us.
PUBLIC AREAS, CHAT ROOMS AND NEWSGROUPS Please remember that any information you share in public areas, such as message boards, blogs, or feedback sections, becomes public, and therefore this Privacy Policy does not apply to any information you choose to make public. Use common sense about what you disclose and do not post any Personal Information that you expect to keep private.
THIRD-PARTY SITES Please note that this site may maintain links to other web sites. This Privacy Policy only applies to the vmkagency.com web site and not to any other web sites that you may access from vmkagency.com, each of which may have privacy policies that are materially distinct from this Privacy Policy. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other web sites, and it is your responsibility to review the Privacy Policies at those web sites to confirm that you understand and agree with their policies.
APPLICABLE LEGISLATION The Site is published in the United States and is intended for users from the United States. U. S. law shall govern in any and all disputes, including privacy or defamation issues or otherwise.
We may change our ownership or corporate organization while providing the website and services. As a result, please be aware that we may transfer your information to another company that is affiliated with us or with which we have merged. VMk Agency may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.
OPT-OUT AND CORRECTION PROCEDURES You may cancel your registration at any time and you can always opt-out of receiving future email messages and newsletters from us. Additionally, you can choose to have all your personal information deleted from our database. If you want to opt-out, we provide you with the opportunity to opt-out of receiving communications from us at the point where we request information about you. There are several ways in which you can tell us whether or not you want to receive promotional communications from VMk Agency. When you submit a webform or speak with a customer service representative you will have an opportunity to make your selections in this regard. You also will have an opportunity to change these selections by following the “unsubscribe” instructions contained in the promotional emails we send you. If you would like to opt-out, delete or modify your personal information you could always send an email to privacy@vmkagency.com with the word “unsubscribe” or “change personal information” in the subject line. You can also correct or update personal information that you have previously provided to us by calling us at 1 (954) 603-3752.
YOUR CALIFORNIA PRIVACY RIGHTS California Civil Code Section 1798.83 permits customers of VMk Agency who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@vmkagency.com. WHO DO I TALK TO IF I HAVE QUESTIONS? Questions regarding this statement should be directed to the VMk Agency Privacy Department at: privacy@vmkagency.com.
Privacy Policy Effective Date: July 1, 2023
VMk Agency Respects Your Privacy
In navigating our site, if we gather information regarding your IP address, cookies, or which areas of the site you visit, please be assured that VMk Agency will not sell or rent any of your identifying information to anyone.
While this policy may not extend to all other parties to whom we may provide links, please be assured that VMk Agency does everything possible to assure we provide content from or access to sites that have similar policies to our own.
If you have further questions about our policy or how it is enforced, please contact us at privacy@vmkagency.com.