Welcome to MyVR!
Jomu Mist Incorporated ("MyVR," "we," "us," "our") provides its services (described below) to you through our website located at www.myvr.com (the "Site") and through our related services (collectively, such services, including any new features and mobile applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
Access and Use of the Service
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MyVR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. MyVR will not be liable for any loss or damage arising from your failure to comply with this Section.
Neutral Venue; Warnings: MyVR does not own or manage the properties listed on our Services or any Owner Site; we are a neutral venue that allows Owners to create and manage Owner Sites and helps Guests book properties through Owner Sites. Accordingly, we cannot guarantee nor be responsible for the condition of the properties listed on the Services, the truth or accuracy of the Owner Sites, the right of users to offer a property for rental or the ability of other users to pay for any rental. MyVR does not endorse any user, property or listing, verify the identity of or information provided by any user or perform background checks or property inspections of any kind. MyVR will have no liability or responsibility with respect to your interactions with any other user, including any personal injury or damage that occurs at a property listed through the Services. YOU ASSUME ALL RISKS ASSOCIATED WITH POSTING AND/OR RELYING ON LISTINGS, RENTING PROPERTIES AVAILABLE THROUGH THE SERVICES OR OTHERWISE INTERACTING WITH OTHER USERS OF THE SERVICES.
Third Party Listings: The Services may allow Owners to generate and manage a listing ("Third Party Listing") on a third party site (for example, FlipKey.com or HomeAway.com), either as part of your Services subscription or for an additional fee. If you have purchased a subscription for a Third Party Listing through the Service, you are required to have an active subscription for the Service in order to use the Third Party Listing. Any Third Party Listing purchased through the Service will need to be managed solely through the Service, and not on the third party site.
Owner Sites: If you create an Owner Site via the Services, you represent and warrant that (a) you have all necessary rights and authority to offer for rent and to rent the property in the Owner Site, (b) that each property is appropriately insured and free of any known safety hazards, and (c) that your Owner Site will accurately describe the applicable property and will not misrepresent or fail to disclose material information regarding such property. If you create an Owner Site via the Service, you further agree that you will comply with all laws applicable to the advertisement of property rentals and the conduct of your rental business, including but not limited to laws related to taxes, permits or licenses, zoning, safety and anti-discrimination and fair housing.
Contractual Relationships between Guests and Owners: We are not a party to any rental agreement between our users, and Owners and Guests acknowledge and agree that they will be required to enter into separate agreements with each other related to renting properties on any Owner Site. Each Owner and Guest that enters into a transaction via an Owner Site or otherwise through the Service will be subject to the terms and conditions of such separate agreement. MyVR disclaims all liability arising from or related to any such agreements. Owners, not MyVR, are responsible for honoring any confirmed bookings for properties, and Guests are responsible for paying for any bookings. Notwithstanding the foregoing, MyVR serves as the limited authorized agent of the Owner for the purpose of accepting payments from Guests on behalf of the Owner and is responsible for transmitting such payments to the Owner, and each Owner hereby appoints MyVR as the Owner's limited agent solely for the purpose of collecting payments made by Guests on behalf of the Owner.
Guest Responsibilities: As a Guest, you acknowledge and agree that you are responsible for complying with any terms and conditions for a property that are listed on the Owner Site as well as any terms that are agreed upon between you and the Owner, whether via a separate rental agreement or otherwise. You will pay all amounts required for the applicable booking via the Owner Site or the Service. Any bookings you make through the Owner Website or otherwise through the Services will be subject to the terms set by the Owner, e.g. rules around refunds, security deposits, house rules, etc. You acknowledge and agree that your payments to an Owner through the Service may be affected by such terms, for example, any refunds you request will be subject to the Owner's refund policy for that property. MyVR does not set such policies and is not responsible for such policies except to the limited extent that MyVR accepts and transfers payments pursuant to such policies.
Payment Processing: MyVR uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that MyVR is not a party to the MSA and that you, Braintree and Braintree's sponsoring bank are the three parties to the MSA and that MyVR has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
Cancellations and Refunds; Chargebacks: Guests may cancel requested bookings before the booking is confirmed by an Owner. If a requested booking is not confirmed by the applicable Owner, any amounts collected by MyVR will be refunded to such Guest. Once a booking is confirmed by the Owner, cancellations will be subject to the cancellation policy of the Owner contained in the applicable listing. MyVR's ability to refund fees will depend upon the terms of the applicable cancellation policy. Owners are responsible for any chargebacks by Guests that have stayed at their properties. If a chargeback is initiated by a Guest that results in a deduction of fees received by MyVR for a stay at an Owner's property, MyVR will charge the Owner for the amount of the deducted fees, and Owner agrees to pay such fees.
Modifications to Service: MyVR reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyVR will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. General Practices Regarding Use and Storage: You acknowledge that MyVR may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on MyVR's servers on your behalf. You agree that MyVR has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. If you use the Service to register a custom domain name, this domain will revert to MyVR upon any termination of your account; however, we will transfer such domain to you if you request transfer within seven (7) days after you terminate your account for convenience or your account expires (to the extent such domain remains available), subject to payment of our transfer fees. You acknowledge that MyVR reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that MyVR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: You are solely responsible for all listings, images, video, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by MyVR. MyVR reserves the right to investigate and take appropriate legal action against anyone who, in MyVR's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of MyVR, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose MyVR or its users to any harm or liability of any type;
- b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- c) violate any applicable local, state, national or international law, or any regulations having the force of law;
- d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- e) stalk or otherwise harass another user;
- f) solicit personal information from anyone under the age of 18;
- g) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- h) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- i) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees: To the extent the Service or any portion thereof is made available for any fee, or you are a Guest paying for a booking on an Owner Site, you will be required to select a payment plan and provide MyVR information regarding your credit card or other payment instrument. You represent and warrant to MyVR that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MyVR the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize MyVR to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let MyVR know within twenty-eight (28) days after the date that MyVR bills you. We reserve the right to change MyVR's prices. If MyVR does change prices, MyVR will provide notice of the change on the Site or in email to you, at MyVR's option, at least twenty-eight (28) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on MyVR's net income.
Each Owner agrees that payment made by a Guest to MyVR shall be considered the same as a payment made directly to the Owner and the Owner will make the applicable property in the Owner Site available to Guest in the agreed upon manner as if the Owner has received the Rental Fees. Upon payment of amounts to MyVR which are due from a Guest to an Owner, the Guest's payment obligation to the Owner for such amounts is extinguished, and MyVR is responsible for remitting such amounts, less applicable fees, to the Owner. Each Owner agrees that, MyVR may, in accordance with the cancellation policy set by the Owner and reflected in the relevant listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Owner, MyVR assumes no liability for any acts or omissions of the Owner.
Please note: (a) we do not grant refunds to Owners under any circumstances, even if an Owner terminates his or her MyVR account, and (b) if an Owner has purchased a pre-paid subscription plan for the Service, the Owner cannot downgrade to a lower subscription.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MyVR, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of MyVR, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by MyVR.
The MyVR name and logos are trademarks and service marks of MyVR (collectively the "MyVR Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MyVR. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MyVR Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MyVR Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will MyVR be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MyVR does not pre-screen content, but that MyVR and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, MyVR and its designees will have the right to remove any content (including without limitation your listings) that violates these Terms of Service or is deemed by MyVR, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the listings, content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant MyVR and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to MyVR are non-confidential and MyVR will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that MyVR may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MyVR, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: MyVR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MyVR of your infringement claim in accordance with the procedure set forth below.
MyVR will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to MyVR's Copyright Agent at email@example.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
150 California St., Suite 610
San Francisco, CA 94111
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MyVR will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, MyVR has adopted a policy of terminating, in appropriate circumstances and at MyVR's sole discretion, users who are deemed to be repeat infringers. MyVR may also at its sole discretion limit access to the Service and/ or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MyVR has no control over such sites and resources and MyVR is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MyVR will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that MyVR is not liable for any loss or claim that you may have against any such third party. You may be subject to (and you agree to comply with) additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
Social Networking Services
In addition, MyVR is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MyVR is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. MyVR enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold MyVR and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYVR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MYVR MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYVR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY LISTINGS OR ANY STAYS AT ANY PROPERTIES; (VI) ANY DISPUTES BETWEEN USERS OF THE SERVICE; OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MYVR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MYVR IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At MyVR's or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that MyVR, in its sole discretion, may suspend or terminate your account (or any part thereof, including without limitation your listings) or your use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if MyVR believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MyVR may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MyVR may immediately deactivate or delete your account and all related information and files in your account (including without limitation any of your listings) and/or bar any further access to such files or the Service. Further, you agree that MyVR will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and MyVR will have no liability or responsibility with respect thereto. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular third party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from MyVR with respect to such actions or omissions. This limitation shall not apply to any claim by an Owner against MyVR regarding the remittance of payments received from a Guest by MyVR on behalf of an Owner, which instead shall be subject to the limitations described in the section entitled "Limitation of Liability." MyVR reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and MyVR and govern your use of the Service, superseding any prior agreements between you and MyVR with respect to the Service. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MyVR agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of MyVR to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of MyVR, but MyVR may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at MyVR, 150 California St., Suite 610, San Francisco, CA 94111, or by telephone at (866) 878-7086.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.