Privacy Policy

In addition to these Terms, your use of and access to the Website is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information as a site visitor. You agree that you have read, agreed to and understand Genesis Home Finance LLC’s complete Privacy Policy.

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION

No Warranty.

THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED “AS IS”, “AS-AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Virtual Vista Land Group LLC, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “Virtual Vista Land Group LLC” FOR THE PURPOSES OF THIS SECTION) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT THE WEBSITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR FREE, THAT THE WEBSITE AND OUR SERVERS ARE SECURE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; PROVIDED THAT THIS SECTION SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY INFORMATION, CONTENT OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.

Limitation of Liability.

Virtual Vista Land Group LLC SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, EVEN IF Virtual Vista Land Group LLC HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. Because some states or jurisdictions do not allow certain exclusions or limitations of liability, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Virtual Vista Land Group LLC’s liability is limited to the extent permitted by law, thereby minimizing Virtual Vista Land Group LLC’s liability to you to the lowest amount permitted by applicable law.

You agree to defend, indemnify and hold Virtual Vista Land Group LLC harmless from and against any liability, loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand based on or arising out of: (i) your use of or access to the Website or products or services hosted thereon; (ii) your violation of any third party proprietary or other rights; (iii) your breach of these Terms of Use; or (iv) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Virtual Vista Land Group LLC’s infrastructure. You shall not settle any such claim, action, or demand unless such settlement completely and forever releases Virtual Vista Land Group LLC from all liability with respect to such claim or unless Virtual Vista Land Group LLC consents to such settlement in writing (which consent shall not be unreasonably withheld).

GOVERNING LAW; DISPUTE RESOLUTION

Dispute Resolution.

You and Virtual Vista Land Group LLC agree that we will first attempt to resolve any legal or equitable claim relating to these Terms of Use (referred to as “Claim”) informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least thirty (30) days after one of us notifies the other of a Claim in writing. Virtual Vista Land Group LLC will use commercially reasonable efforts to send its written notice by first class mail, return receipt requested, or national overnight courier to your billing address, if available, with a copy via email to your email address. If Virtual Vista Land Group LLC does not have a contact method for you or cannot obtain one with reasonable commercial efforts, you acknowledge and agree that Virtual Vista Land Group LLC may pursue Claims against you as a “John Doe” defendant and employ legal processes to obtain your identity.

You will send your written notice by first class mail, return receipt requested, or national overnight courier to:

Virtual Vista Land Group LLC
1309 Coffeen Ave Ste 14924
Sheridan, WY 82801

If we cannot resolve a Claim informally, you and Virtual Vista Land Group LLC each agree to submit to personal jurisdiction in Los Angeles, CA and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in Los Angeles, CA, provided that neither you nor Virtual Vista Land Group LLC shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level.

Governing Law and Attorney’s Fees.

This Agreement is governed in all respects by the substantive laws of the State of TX, without regard to its conflict of law rules, and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

If any action at law or in equity is necessary to enforce these Terms, the prevailing party shall be entitled to reimbursement from the other party for its expenses and reasonable attorneys’ fees associated with the action, in addition to any other relief to which such prevailing party may be entitled.

Consent to Electronic Transactions and Disclosures

(…section remains identical except entity names/email replaced…)

Updated Contact Email:
adrian@virtualvistalandgroup.com

Contact Information and License Disclosures

The Services are offered by Virtual Vista Land Group LLC and its affiliates, headquartered at:

1309 Coffeen Ave Ste 14924
Sheridan, WY 82801

You may contact Virtual Vista Land Group LLC by sending correspondence to that address or emailing:

adrian@virtualvistalandgroup.com

Notice to California Residents

(unchanged except name replaced)

Notice to New York Residents

(unchanged except name replaced)

MISCELLANEOUS

(Entire section updated only with entity name/email changes)

Online Privacy Policy

All instances of the company name replaced with Virtual Vista Land Group LLC.

Contact

1309 Coffeen Ave Ste 14924
Sheridan, WY 82801
adrian@virtualvistalandgroup.com