Terms and Conditions |
Property Condition for Services |
Terms and Conditions
This Agreement, and all of the applicable documents referred to in this Agreement (collectively, the “Agreement”), is a legal agreement between Users and Registrants of Virtual Tours Las Vegas (“You” and “Your” and “Users”) and Michael Madsen dba Virtual Tours Las Vegas (“Virtual Tours Las Vegas, “Us”, “Our”, “We”, “Company””) a Nevada sole proprietorship, governing the use of the Site whether visiting or registering, purchasing products and services, or making any other use of this site.
By using the Virtual Tours Las Vegas Website, (the “Site”) You agree to be bound by these Terms of Service (this “Agreement”), whether or not You register on the Site. If You wish to register or make use of the Virtual Tours Las Vegas Services (the “Services”), please read these Terms of Service. If You object to anything in this Agreement or the Virtual Tours Las Vegas Privacy Policy, do not use the Site or the Services. The Terms of Service are subject to change by Virtual Tours Las Vegas at any time, effective upon postings on the Virtual Tours Las Vegas Site, and Your use of the Service after such posting will constitute acceptance by You of such changes.
By selecting the “I Agree” box and/or accessing or using any part of the Site, You agree that You have read, understood, and agreed to be bound by this Agreement and will comply with all of the terms and conditions of this Agreement. If You do not agree to be bound by this Agreement, You are not permitted to access or use any part of the Site or its Services.
- Services defined.
- BASE PACKAGE (“3D virtual tour” or “3D Showcase tour”). Based upon the interior living area square footage, there are several pricing options for our Base Package, which includes a 3D online virtual showcase tour only, shot with a Matterport High Definition Range Camera. Virtual Tours Las Vegas is a licensed Matterport Service Provider. Matterport shall herein be defined as “Licensor”. Virtual Tours Las Vegas will tour interior, attached living areas only. Unattached living areas may be subject to an additional tour charge and will be produced as a separate 3D showcase tour. Virtual Tours Las Vegas does not guarantee any exterior spaces to be included in a 3D showcase tour. Our policy is not to remove permanent structures from any photos or 3D Showcase tours using Photoshop or any other manipulations in post-production. You also acknowledge and agree that the camera may be visible in mirrors, especially large mirrors in order to create a realistic walk-through experience. If we don’t shoot in front of a mirror, the end user cannot view that spot either. Virtual Tours Las Vegas will not upload your 3D tour or 3D Showcase Tour into the MLS. Contact your office admin or your Real Estate Board for instructions on how to upload your photos into the MLS.
- DURATION OF BASE PACKAGE HOSTING. Virtual Tours Las Vegas will host your 3D tour or 3D Showcase Tour for 6 months from the date of Service. Additional months may be requested by You, and paid for by You, prior to the expiration of the 6 month hosting timeframe. Find hosting prices at www.VirtualToursLasVegas.com. Hosting is charged in advance in 6 month increments. There will be no refunds or credits for partial months of hosting service. If you do not pay for additional hosting time after your initial 6 months has expired, or you stop paying a hosting fee in the future, you agree to your 3D tour and/or 3D Showcase Tour will be removed from Virtual Tours Las Vegas’ website, or if Virtual Tours Las Vegas chooses to keep the tour online, you consent to Virtual Tours Las Vegas placing any of its advertising or logos, or third party advertising, on your virtual tour pages.
- TIME FRAME FOR TURN AROUND. Once a 3D tour is processed, Virtual Tours Las Vegas will upload it to its website at www.virtualtourslasvegas.com. Within 24-48 hours after Appointment time, You will receive an email containing an online link to Your 3D virtual tour / 3D Showcase Tour. Virtual Tours Las Vegas is not responsible for emails not received, but will make any attempt to rectify this situation by sending emails to the appropriate party once notified that the initial email was not received.
- If you require Rush Delivery, there is a Rush Delivery fee. This does not include a Rush Appointment Fee. Please inquire for more details.
- BASE PACKAGE (“3D virtual tour” or “3D Showcase tour”). Based upon the interior living area square footage, there are several pricing options for our Base Package, which includes a 3D online virtual showcase tour only, shot with a Matterport High Definition Range Camera. Virtual Tours Las Vegas is a licensed Matterport Service Provider. Matterport shall herein be defined as “Licensor”. Virtual Tours Las Vegas will tour interior, attached living areas only. Unattached living areas may be subject to an additional tour charge and will be produced as a separate 3D showcase tour. Virtual Tours Las Vegas does not guarantee any exterior spaces to be included in a 3D showcase tour. Our policy is not to remove permanent structures from any photos or 3D Showcase tours using Photoshop or any other manipulations in post-production. You also acknowledge and agree that the camera may be visible in mirrors, especially large mirrors in order to create a realistic walk-through experience. If we don’t shoot in front of a mirror, the end user cannot view that spot either. Virtual Tours Las Vegas will not upload your 3D tour or 3D Showcase Tour into the MLS. Contact your office admin or your Real Estate Board for instructions on how to upload your photos into the MLS.
- ADD ON SERVICES. The following add-on services are not meant to be purchased as stand-alone items and must be purchased in conjunction with our Base Package if so desired.
- FLOOR PLANS. Floor plan pricing is subject to the total square footage of the subject property, including garages, decks, balconies and covered patio areas (if applicable and if You desire them to be included in the floor plan.) This floor plan will be a 2D black and white drawing and will be delivered as a pdf via email. Without limitation, we do not guarantee the accuracy of any attribute, specification, proportion or dimension of any floor plans, models or spaces, or that they will match or reflect those of any actual physical spaces or products (for example, the Service or your device may not accurately displaying the product spec or size of a room), and neither is Virtual Tours Las Vegas responsible or liable for any such inaccuracies.
- TIME FRAME FOR TURN AROUND. Within 48-72 hours after Appointment time, You will receive an email with a PDF containing Your 2D floor plan drawings. Virtual Tours Las Vegas is not responsible for emails not received, but will make any attempt to rectify this situation by sending emails to the appropriate party once notified that the initial email was not received.
- If you require Rush Delivery, there is a Rush Delivery fee. This does not include a Rush Appointment Fee. Please inquire for more details.
- TIME FRAME FOR TURN AROUND. Within 48-72 hours after Appointment time, You will receive an email with a PDF containing Your 2D floor plan drawings. Virtual Tours Las Vegas is not responsible for emails not received, but will make any attempt to rectify this situation by sending emails to the appropriate party once notified that the initial email was not received.
- STILL PHOTOS. Virtual Tours Las Vegas offers a package of up to 35 High Definition Range (HDR) still photographs. In smaller properties, 35 photos may not be able to be taken. Virtual Tours Las Vegas does not make any refunds if we are unable to take 35 photos based upon a property’s unique situation. Still photos will include both interior living space and exterior living space and, unless specifically directed by You (or the property owner) in writing prior to the Appointment, or during the Appointment, will be at photographers sole discretion. Still photos will be of 1920×1024 resolution. These photos may need to be resized prior to uploading into the MLS. Virtual Tours Las Vegas will not upload your photos into the MLS. Contact your office admin or your Real Estate Board for instructions on how to upload your photos into the MLS. We are not responsible for the print quality or print dimensions as this will vary significantly on the type and quality of printer used. All photos will be taken at the property location only. If you require additional photos be taken at other locations (e.g. parks, community amenities, pools, etc.), there will be an additional fee. Please contact Virtual Tours Las Vegas for details and pricing, as this will be on a case-by-case and accessibly basis only.
- TIME FRAME FOR TURN AROUND. Within 24-48 hours after Appointment time, You will receive an online link to access Your Still Photos. It is Your responsibility to copy these photos to Your hard drive, or any online Cloud of Your choice. Virtual Tours Las Vegas may, it its sole discretion, opt to host these still photos online as well at www.VirtualToursLasVegas.com, but is not required to do so. Virtual Tours Las Vegas is not responsible for emails not received, but will make any attempt to rectify this situation by sending emails to the appropriate party once notified that the initial email was not received.
- If you require Rush Delivery, there is a Rush Delivery fee. This does not include a Rush Appointment Fee. Please inquire for more details.
Property Condition For Services
- PROPERTY CONDITION NECESSARY FOR SERVICES.
- Home staging is not part of our published Service rates. We do not clean, de-clutter, move personal items or pet related items. We do not touch items we consider to be unsanitary, including but not limited to toilet brushes, toilet seats, plungers, dirty garbage pails, sponges or other sink or cleaning items that are left out in sight. For liability and insurance reasons, we do not move furniture, draw or lower blinds or handle anything that may break. We suggest you properly stage the home prior to the Appointment time, open all blinds, turn on all lights and turn off all ceiling fans, or other moving objects.
- Virtual Tours Las Vegas will take photos and 3D tours of the property in as-is condition.
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- YOUR CONTACT INFORMATION.
If You have not done so already, please send us the contact and personal information you would like to show on Your 3D Showcase tour and Floor Plans (if applicable). Any changes requested after the tour or advertisements have been uploaded will be subject to an Administration Fee. The contact and personal information can include: - Your First and and Last name as you would like it to appear
2. Your Photo
3. Your Company Name
4. Your Phone Number(s): Mobile, Office, Other (if applicable)
5. Your Email address
6. Your Website address
7. If applicable, all the Co-listing Agent’s information
- YOUR CONTACT INFORMATION.
5. Payment
- Pre Order Payment
- Payment in full is required at the time of purchase of the tours through www.VirtualToursLasVegas.com. You may also select to receive an invoice through PayPal that you can pay. Payment must be received before any Service is rendered.
- Add on Services requested after initial Service (included but not limited to any Floor Plans, Still Images or Hosting Extensions) will be invoiced through PayPal and must be paid prior to receiving any additional Services.
- You may also be invoiced through PayPal for if you have incurred any additional fees such as Cancellation Fees, Re-Scheduling Fees, Late Fees, Re-Shoots, Travel Fees and No Show Fees. You agree to pay these fees as incurred or acknowledge that Your Service may be temporarily or permanently revoked or suspended.
- Travel Fees may be charged if properties are outside of Virtual Tours Las Vegas’ Service Area. Please See the Service Area map found at Virtual Tours Las Vegas.com for detailed maps of our Service Area. In the event that a travel fee is charged, the fee will be disclosed to You no later than when the shoot is scheduled.
- Prices listed on the Site are for residential properties only at this time. Commercial properties are subject to different pricing. Contact Virtual Tours Las Vegas for more information. Pricing for Virtual Tours Las Vegas Services are subject to change at any time.
- In the event that Virtual Tours Las Vegas must pursue legal action in order to collect on balances due, You agree to reimburse Virtual Tours Las Vegas for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.
- After Order Payment
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- After your order is placed, a Virtual Tours Las Vegas representative will contact you within 24 hours either via telephone or email in order to schedule Your Appointment. Virtual Tours Las Vegas is not liable in any way if Virtual Tours Las Vegas cannot get in touch with You in the event that You provided inaccurate contact information during the registration process or if you are unavailable or for any other reason.
- Virtual Tours Las Vegas makes appointments based on availability. If You require a rush appointment, there is a Rush Appointment fee. This does not include Rush Delivery of the Services. Please inquire for more details.
- If neither You nor homeowner is present at the time the Services are scheduled to be performed, the “Appointment”, and neither You nor homeowner has made prior requests related to shot selection, all shots taken will be at the discretion of the photographer. It is always the homeowner’s and/or Your responsibility to prepare the property for Service, and Virtual Tours Las Vegas is not responsible for homes that are not in ‘show-quality’ condition at the time of Service. Virtual Tours Las Vegas shoots all photos of the property in “as-is” condition.
- Unless access to the property is otherwise arranged, You or homeowner must be present at the time of the tour, the “Appointment”. Virtual Tours Las Vegas is not responsible for inaccessible properties and reserves the right to charge cancellation, reschedule, re-shoot, or travel fees as a result of property inaccessibility.
- Refund Policy / Cancellations / Rescheduling.
- A refund for Services will ONLY be issued if an appointment is cancelled within two (2) business days prior to the scheduled Appointment via written notification to Virtual Tours Las Vegas. This written notification may be made in the form of a text message to 702-527-2732 or email to info@virtualtourslasvegas.com. In such event of a cancellation within two (2) business days, Virtual Tours Las Vegas shall issue a refund to Your credit card through PayPal.
- If You cancel less than two (2) full business days before the scheduled Appointment time, You will not be refunded for Services and there will be a FULL CHARGE for any re-scheduled Service.
- If You cancel or request re-scheduling more than two (2) business days prior to the scheduled Appointment time, Virtual Homes Las Vegas will not charge a re-scheduling fee or cancellation fee and will reschedule Your Service as Our calendar permits.
- Virtual Tours Las Vegas provides NO REFUNDS in any circumstances after any Service is rendered. Additionally, no refunds will be given in the event that a listing sells between the time the photos are taken and the time they are distributed to You.
- Risk Assessment
- You acknowledge and agree that Virtual Tours Las Vegas, in its sole discretion, will decide if the weather conditions are suitable for performing Services on the scheduled Appointment date and time. If Virtual Tours Las Vegas chooses to perform Services on the agreed upon appointment date under prevailing or unexpected weather conditions, you will pay the full amount of Services. However, if the Virtual Tours Las Vegas, in its discretion, or for reasons beyond its control, chooses not to perform Services on a particular date for You, You agree to reschedule the appointment to another date, as agreed upon by You and Virtual Tours Las Vegas.
- It is agreed by You that Virtual Tours Las Vegas will not be liable to you for any expenses or losses incurred by You as a result of an appointment cancelled by Virtual Tours Las Vegas.
- Internet Distribution, Display and Advertising.
- You understand and agree that all 3D tours, 3D Showcase Tours and Still Photos taken by Virtual Tours Las Vegas are the property of Virtual Tours Las Vegas. Moreover, all properties that are photographed and uploaded to the internet may be available for public viewing. In the event that Your or a homeowner’s contact information is attached to these listings, it may be displayed online for public viewing.
- Virtual Tours Las Vegas reserves the right to send your property information, 3D tours, 3D Showcase Tours and Still Photos to other real estate websites and portals, including Virtual Tours Las Vegas’ Facebook page and classified ad websites, in order to generate more exposure for your listings. If you do not wish for such distribution, You must request in advance of Service that we do not send Your listing data to any third parties.
- You understand and agree that Virtual Tours Las Vegas and Licensor may use Your name, Your brokerage name, as well as any 3D Tours, 3D Showcase Tours and Still Photos it has provided to you for its own use in connection with marketing and advertising for Virtual Tours Las Vegas or Licensor, both in print and online.
- Content on Virtual Tours Las Vegas.
- Proprietary Rights.
- Virtual Tours Las Vegas, and Licensor, owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Virtual Tours Las Vegas, and its Licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Proprietary Rights.
- Photo Licensing
- Virtual Tours Las Vegas, in conjunction with Licensor, solely and exclusively owns all intellectual property and other rights, title and interest in and to the Services and the Site. Virtual Tours Las Vegas has the sole and exclusive right to obtain trademark and copyright registrations, patents, and other protections in and to the Services and the Site. You do not acquire any right, title or interest in such property under this Agreement, by use or otherwise.
- Accordingly, all photos and 3D tours provided to You through the Services of this Site are solely and exclusively owned by Virtual Tours Las Vegas. As such, Virtual Tours Las Vegas reserves all rights of ownership including but not limited to the distribution, publication, alteration, sale and duplication of any and all Services provided to You through this Site for whatever reason in Virtual Tours Las Vegas sole and absolute discretion.
- As a User of the Site and Services, upon purchasing and paying in full for the Services rendered, You are granted an limited, terminable, non-exclusive license to use the photos and other Services provided to You by Virtual Tours Las Vegas in any legal manner You should choose. You are not, however, granted a license to sell, transfer, license, and sub-license or otherwise distribute the Services, any component of the Service, or any products or services derived or developed from or based on the Service to any third party.
- It is Your sole responsibility to comply with all applicable laws regarding the sale and advertising of real estate. Virtual Tours Las Vegas will not be responsible to You for any fees or fines imposed upon You which are associated with the advertising of the Services. Virtual Tours Las Vegas not guarantee that our Services will ensure a sale of the property.
- Acceptance of Terms of Service Agreement
- Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of Your use of the Site and/or Services. This Agreement may be modified by Virtual Tours Las Vegas from time to time, such modifications to be effective upon posting by Virtual Tours Las Vegas on the Site. This agreement includes Virtual Tours Las Vegas’s Privacy Policy and any notices regarding the Site. By accessing the Site, registering on the Site, or purchasing any products or Services, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- Electronic Form. By accessing the Site or registering on the Site, You consent to have this Agreement provided to You in electronic form.
- Electronic Communications Notices. The information communicated on this Site constitutes an electronic communication. You agree that Virtual Tours Las Vegas may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Virtual Tours Las Vegas provides to You electronically, including without limitation by posting on the Site or by email at the address designated by You, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Virtual Tours Las Vegas. Notices and communications to Virtual Tours Las Vegas must be sent to Virtual Tours Las Vegas at its mailing address: Virtual Tours Las Vegas, C/O Michael Madsen 3375 Southridge Ave Las Vegas, NV 89121.
- Withdrawing Your Consent. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form.
- Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password, if any. This means that You will not have the right to use the Service unless, and until, we issue You a new username and password. We only will issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.
- Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of Your withdrawal.
- Access and Retention.
- In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Via the Site, we will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.
- Eligibility
- You must be at least eighteen (18) years of age to register at Virtual Tours Las Vegas Site, use the Site, or request Services.
- By using the Site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Agreement and Termination
- This Agreement will remain in full force and effect while You use the Site and/or are registered on the Site, or are utilizing any of the Services, including online Services of hosting any 3D tours and Still Photos.
- You may terminate Your registration and/or subscription at any time, for any reason, by following the instructions in Your account settings, or by sending Virtual Tours Las Vegas written notice of termination to Virtual Tours Las Vegas Termination, C/O Michael Madsen 3375 Southridge Ave Las Vegas, NV 89121 or email notice of termination to info@VirtualToursLasVegas.com. Virtual Tours Las Vegas is not required to, and may be prohibited from, disclosing a reason for the termination of Your account.
- Even after Your registration is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Account Security
- If you utilize a user name and password to access the Site, You are responsible for maintaining the confidentiality of that username and password that You designate during the registration process, and You are fully responsible for all activities that occur under Your username and password. You agree to (a) immediately notify Virtual Tours Las Vegas of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session.
- Virtual Tours Las Vegas will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
- Privacy Policy.
- Virtual Tours Las Vegas values Your privacy. Please review the Privacy Policy at www.VirtualToursLasVegas.com/privacypolicy which describes Virtual Tours Las Vegas’s privacy policies in detail, including the kind of information Virtual Tours Las Vegas collects, how Virtual Tours Las Vegas uses the information collected, and how Virtual Tours Las Vegas protects You.
- Registration on the Site
- In order to be a client of the Site and be provided the Site’s Services, You may be required register through the Site via the online registration process. During the registration process, you agree to provide Virtual Tours Las Vegas with accurate and complete contact information. You also agree to promptly notify Virtual Tours Las Vegas if any of this information changes.
- If registration is required, You agree to select a password upon registration. You are responsible for all use of this password, including without limitation, any use by any unauthorized third party. You agree to notify Virtual Tours Las Vegas immediately if You believe this password is or has been obtained or used by any unauthorized person or entity. In addition, You agree to notify Virtual Tours Las Vegas immediately if You become aware of any other breach or attempted breach of the security of Virtual Tours Las Vegas.
- Customer Service.
- Virtual Tours Las Vegas provides assistance and guidance through its Client Services Representatives. When communicating with our Client Services Representatives, You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that Your behavior towards any of our Client Services Representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate Your registration and Services.
- Right to Refuse.
- Virtual Tours Las Vegas reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
- Modifications to Service.
- Virtual Tours Las Vegas reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Virtual Tours Las Vegas shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses.
- In order to protect the integrity of the Service, Virtual Tours Las Vegas reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.
- Content
- Virtual Tours Las Vegas is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by employees of Virtual Tours Las Vegas or the equipment or programming associated with or utilized in the Service.
- Virtual Tours Las Vegas assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User accounts and communications.
- Virtual Tours Las Vegas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
- Under no circumstances will Virtual Tours Las Vegas or any of its affiliates, Licensors, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Service. Virtual Tours Las Vegas cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
- Provider of Service
- The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Virtual Tours Las Vegas has no control over such sites and resources, You acknowledge and agree that Virtual Tours Las Vegas is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or availability from such sites or resources. You further acknowledge and agree that Virtual Tours Las Vegas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
- Limitation on Liability.
- Except in jurisdictions where such provisions are restricted, in no event will Virtual Tours Las Vegas be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Web site or the Service, even if Virtual Tours Las Vegas has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Virtual Tours Las Vegas’ liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Virtual Tours Las Vegas for the Service rendered.
- Jurisdiction and Choice of Law.
- If there is any dispute arising out of the Site and/or the Service, by using the Site, You expressly agree that any such dispute shall be governed by the laws of the State of Nevada, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Nevada, in Las Vegas or Clark County, for the resolution of any such dispute.
- Indemnity by You.
- You agree to indemnify and hold Virtual Tours Las Vegas, its subsidiaries, Licensor, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, damages, costs, or demands of any nature, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above.
- No Third Party Beneficiaries
- You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- General
- Neither this Agreement, nor any of Your rights or obligations pursuant to this Agreement or regarding use of the Site or Service, is assignable or transferable by You without the prior written consent of Virtual Tours Las Vegas which shall be in its sole discretion. Any attempted assignment without Virtual Tours Las Vegas consent is void and of no force or effect. This Agreement is binding upon each party of this Agreement and their successors and permitted assigns.
- No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver of such, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any other right, power, or privilege under this Agreement. This Agreement may not be modified except as expressly provided within the Agreement.
- You and Virtual Tours Las Vegas are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
- This Agreement contains the entire agreement between You and Virtual Tours Las Vegas regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement.
If you have questions or concerns regarding this Agreement, the practices of Virtual Tours Las Vegas, or your dealings with the Site, please contact us by clicking on ‘Contact Us’ at:
http://www.VirtualToursLasVegas.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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