Terms of Service | Virtual Big Market LLC

1. Acceptance of Terms

By using our website or services, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our services on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

2. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.

3. Description of Services

Virtual Big Market LLC is your one-stop shop for comprehensive business solutions. We offer a wide array of services tailored to meet your unique business needs, including but not limited to:

3.1 Merchant Processing

Secure Transactions: Protect your business and customers with top-tier security features.
Multiple Payment Options: Accept all major credit cards, debit cards, and mobile payments.
Transparent Pricing: Enjoy competitive rates with no hidden fees.
Simplified Payment Processes: Streamline your payment systems for efficiency and reliability.

3.2 Point-of-Sale (POS) Solutions

User-Friendly Interface: Train your staff quickly with our intuitive systems.
Real-Time Analytics: Monitor sales and labor with the Command Center.
Customizable Features: Tailor the system to fit your specific business model.
Reliable Hardware: Durable equipment designed for everyday use.
Setup, Maintenance, and Troubleshooting: Comprehensive support for all your POS needs.

3.3 Phone Systems

VoIP Solutions: Experience high-quality voice calls over the internet.
Scalable Options: Easily adjust as your business grows.
Advanced Features: Benefit from voicemail-to-email, call forwarding, conference calling, auto-attendant, and much more.
Cost-Effective: Reduce communication expenses without sacrificing quality.
Stay Connected: Maintain seamless communication with clients and teams.

3.4 Business Solutions and Additional Services

We provide expert advice and services to help you navigate the business landscape with confidence. Our business solutions and additional services include:

Strategic Planning: Achieve your goals with effective strategies.
Operational Efficiency: Streamline processes to boost productivity.
Market Analysis: Gain insights into trends and consumer behavior.
Expert Advice: Navigate the business landscape with confidence.
Customized Approach: Solutions tailored to your specific needs.
Design Services: Graphic design, website design, and other related services to enhance your brand.
Data Backup Setup Assistance: Assistance in setting up backup systems for your data (Note: We make no guarantees regarding their effectiveness, reliability, or security).

We strive to empower businesses with innovative solutions and expert guidance, fostering long-term partnerships built on trust, excellence, and mutual success.

4. User Obligations

4.1 Account Information

Accuracy: You agree to provide accurate, current, and complete information when creating an account with us.
Confidentiality: You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.

4.2 Compliance

Legal Use: You agree to use our website and services in compliance with all applicable federal, state, and local laws and regulations.
Data Backup Responsibility: You acknowledge that you are solely responsible for backing up your sensitive data. We do not retain or back up customer data such as POS databases and sensitive personal information.
Prohibited Activities: You agree not to:
- Use our services for any unlawful purpose.
- Upload or transmit viruses or any malicious code.
- Attempt to gain unauthorized access to any part of our website or services.
- Engage in any activity that interferes with or disrupts our services.

5. Intellectual Property Rights

5.1 Ownership

All content, features, and functionality on our website—including but not limited to text, graphics, logos, images, videos, and software—are the exclusive property of Virtual Big Market LLC and are protected by United States and international intellectual property laws.

5.2 License

We grant you a limited, non-exclusive, non-transferable license to access and use our website and services for your personal or internal business use, in accordance with these Terms.

5.3 Restrictions

Modify, copy, distribute, or create derivative works based on our website or services.
Reverse engineer or attempt to extract the source code of our software.
Use any automated systems or software to extract data from our website ("screen scraping").

6. Payment Terms

6.1 Fees

Service Fees: All fees for our services are as specified at the time of purchase or as agreed upon in a separate written agreement.
Additional Costs: You are responsible for any additional costs incurred, such as hardware, software licenses, or third-party services.
Transparent Pricing: We offer competitive rates with no hidden fees.

6.2 Payment

Due Date: Payment is due upon receipt of the invoice unless otherwise stated in a written agreement.
Methods: We accept various payment methods, which will be specified during the transaction process.
Secure Transactions: All payment transactions are processed securely.

6.3 Late Payments

Suspension of Services: We reserve the right to suspend or terminate services if payment is not received within the specified timeframe.
Late Fees: Late payments may be subject to additional charges or interest as permitted by law.

6.4 No Refunds

Except as required by law or stated in a written agreement, all fees are non-refundable.

7. Data Privacy and Retention

Your use of our website and services is also governed by our Privacy Policy and Data Retention Policy, which are incorporated into these Terms by reference.

7.1 Data Collection

Personal Information: We may collect personal information such as your name, address, email, and phone number when you interact with our website or services.
Usage Data: We may collect data on how you access and use our website and services.
Customer Demographic Data: Collected during account creation and used to tailor our services to your needs.

7.2 Use of Data

We use your data to:

Provide and maintain our services.
Notify you about changes to our services.
Provide customer support.
Monitor the usage of our services.
Improve our website and services.

7.3 Data Security

Protection Measures: We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.
Data Storage: All data is processed and stored within California, United States.
No International Data Transfers: We do not transfer, store, or process your personal information outside of the United States.

7.4 Children's Privacy

Our services are intended for businesses and are not directed at individuals under 16 years of age. We do not knowingly collect personal information from minors.

8. Data Backup and Retention Policy

8.1 Sensitive Data

No Retention: We do not retain or back up sensitive customer data such as POS databases and sensitive personal information.
Service Use: If sensitive data is temporarily used for service and maintenance purposes, it will be securely deleted immediately upon completion of the required action.
Customer Demographic Data: Retained and safeguarded in accordance with our policies and applicable laws.

8.2 Customer Responsibility

Data Backup: You are solely responsible for backing up your sensitive data.
Backup Assistance: We can assist with the setup of backup systems upon request but make no guarantees regarding their effectiveness, reliability, or security.
No Liability: We are not liable for any data loss, corruption, or inability to recover data.
Recommended Practices: We strongly recommend maintaining multiple levels of backup, including automatic, onsite, and offsite backups.

8.3 Non-Sensitive Data

Retention: We may retain design files and other non-sensitive data as needed to provide ongoing services.
Deletion Requests: You have the right to request the deletion of your design files and non-sensitive data at any time, subject to legal obligations and our Data Retention Policy.

8.4 Data Access Requests

Right to Access: You can request a copy of your data at any time.
Digital Transfers: Copies of data will be transferred digitally at no cost.
Physical Media Transfers: If physical backup media are needed, you may be charged a fee to cover the cost of the media and shipping.
Conditions for Release: Data and work products will only be released if all associated fees have been paid in full.

9. Limitation of Liability

9.1 No Warranty

Our website and services are provided "as is" and "as available," without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Exclusion of Liability

To the fullest extent permitted by law, Virtual Big Market LLC shall not be liable for any:

Indirect, incidental, special, consequential, or punitive damages.
Loss of profits, data, use, goodwill, or other intangible losses.
Damages resulting from:
- Your access to or use of our website or services.
- Any conduct or content of any third party on our website or services.
- Unauthorized access, use, or alteration of your transmissions or content.
- Data loss, corruption, or inability to recover data.

9.3 Total Liability

Our total liability to you for all claims arising out of or relating to these Terms or our website or services shall not exceed the total amount you have paid us for our direct services in the previous sixty (60) days from the date of notification, or three thousand dollars ($3,000), whichever is less. This limitation excludes any amounts paid for hardware, third-party services, or fees paid to third parties. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Virtual Big Market LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses—including reasonable attorney's fees—arising out of or in any way connected with your:

Access to or use of our website or services.
Violation of these Terms.
Violation of any third-party rights, including intellectual property rights.
Failure to back up your data.

11. Termination

11.1 Termination by You

You may terminate these Terms by discontinuing the use of our website and services at any time.

11.2 Termination by Us

We reserve the right to terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to:

Breach of these Terms.
Non-payment of fees.
Conduct that we believe is harmful to other users, us, or third parties.

11.3 Effects of Termination

Upon termination:

Your right to use our website and services will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms and any disputes arising out of or related to them or our website or services will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

13. Dispute Resolution

13.1 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

13.2 Location

The arbitration shall take place in Bakersfield, California.

13.3 Exceptions

Either party may seek injunctive relief in a court of competent jurisdiction for any violation of intellectual property rights or confidentiality obligations.

14. No International Use

Our website and services are intended for use within the United States. We make no representation that our website or services are appropriate or available for use in locations outside of the U.S.

15. No Third-Party Beneficiaries

These Terms are solely for your and our benefit. They are not for the benefit of any other person or entity, except for our successors and assigns.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, along with our Privacy Policy and Data Retention Policy, constitute the entire agreement between you and Virtual Big Market LLC regarding your use of our website and services and supersede any prior agreements.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right under these Terms shall not constitute a waiver of such right.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at our discretion without restriction.

20. Electronic Communications

By using our website and services, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our services.

21. Testimonials and Endorsements

Any testimonials or endorsements on our website are the opinions of the individuals providing them. They are not guarantees, promises, or representations of any kind regarding our services.

22. Links to Third-Party Websites

Our website may contain links to third-party websites or services that are not owned or controlled by Virtual Big Market LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

23. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or shortages of transportation, facilities, fuel, energy, labor, or materials.

24. Promotional Materials

We may use your business name and logo in our promotional materials unless you request otherwise in writing.

25. Precedence of Other Agreements

If you have entered into a separate written agreement with Virtual Big Market LLC concerning specific services or products, the terms of that separate agreement shall govern to the extent that there is any conflict or inconsistency between the terms of that agreement and these Terms of Service. In all other cases, these Terms shall govern your use of our website and services.

26. Contact Us

If you have any questions about these Terms, please contact us:

Email: privacy@virtualbigmarket.com
Phone: (661) 457-5557
Address: 8200 Stockdale Hwy M10 #134, Bakersfield, CA 93311