Terms of Service

By accessing or using the Site, by submitting any form or inquiry, or by otherwise interacting with VM Digital Consulting LLC ("Company," "we," "us," or "our") through the Site, you ("you" or "User") agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated herein by reference. If you do not agree with any provision of these Terms, you must not access or use the Site.

These Terms govern your use of the Site only. Provision of professional services by the Company is governed exclusively by a separate written agreement, such as a Master Services Agreement and/or a Statement of Work, executed between the Company and the client (an "Engagement Agreement"). In the event of any conflict between these Terms and an executed Engagement Agreement, the Engagement Agreement controls with respect to the subject matter of that agreement.

The Site is intended for use by businesses and by individuals acting in a professional capacity on behalf of a business. By using the Site, you represent and warrant that:

• you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract;
• you are acting on behalf of a business or other organization and are authorized to do so;
• your use of the Site complies with all applicable laws and regulations of your jurisdiction; and
• you are not located in, under the control of, or a national or resident of any country, or on any list maintained by the U.S. Government, that would prohibit the Company from providing the Site or services to you under applicable export, sanctions, or trade-control laws.

The Site is not directed to consumers, and we do not provide consumer-oriented services through the Site.

The Site provides general information about the Company, its professional services, methodologies, case examples, and contact channels. The Site does not provide marketing, advertising, legal, financial, accounting, or other professional advice, and information presented on the Site should not be relied upon as such. Engagement of the Company for professional services requires execution of an Engagement Agreement.

You may submit inquiries through the contact form or by email. By doing so, you consent to receive responses by email and, if you provide a telephone number, by telephone or text message regarding your inquiry. If you opt into marketing communications, you may unsubscribe at any time using the unsubscribe link contained in each email or by contacting hello@vmdigitalconsulting.com.

You agree that you will not, and will not permit any third party to:

• use the Site for any unlawful purpose or in violation of any applicable law or regulation;
• copy, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, distribute, sell, license, or otherwise exploit any Company Materials except as expressly permitted by these Terms;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Site;
• use any robot, spider, scraper, or other automated means to access the Site, or use the Site to train any machine-learning, artificial-intelligence, or generative-AI system, without our prior written consent;
• interfere with or disrupt the operation of the Site or the servers or networks that host the Site, including by transmitting viruses, worms, Trojan horses, or other malicious code;
• attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site;
• harvest, collect, or otherwise misuse personal information of any other user or person whose information is referenced on the Site;
• use the Site to send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or chain letters; or
• impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity.

The Site may contain links to, and may be integrated with, websites, services, and resources operated by third parties. The Company does not control, endorse, or assume responsibility for any third-party content, products, or services. Your use of any third-party website or service is at your own risk and subject to the terms and policies of that third party.

Submission of an inquiry, request for proposal, or other communication through the Site does not create an attorney– client, advisor–client, or service-provider relationship and does not obligate the Company to provide any services. The Company is not bound to perform any services unless and until (a) the Company and the prospective client execute a written Engagement Agreement and (b) any deposit, retainer, or other condition precedent specified therein has been satisfied. Until then, either party may terminate discussions at any time without liability, except as provided in any executed confidentiality or non-disclosure agreement.

The Site itself is provided free of charge. Fees for professional services are set forth in the applicable Engagement Agreement and may include retainer fees, project fees, performance-based fees, or expense reimbursements. Unless otherwise specified in an Engagement Agreement, all invoices issued by the Company are payable in United States Dollars within thirty (30) days of the invoice date. Amounts not paid when due will bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, plus reasonable costs of collection (including reasonable attorneys' fees). All fees are exclusive of applicable sales, use, value-added, withholding, and similar taxes, which are the responsibility of the client (other than taxes based on the Company's net income).

Information disclosed by you in connection with a prospective engagement and identified as confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"), will be held in confidence by the Company and used only for the purpose of evaluating and, if applicable, providing the requested services. The same obligation applies to Company Confidential Information disclosed to you. Confidentiality obligations survive any termination of these Terms for a period of three (3) years (or, for trade secrets, for so long as the information remains a trade secret under applicable law). Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was rightfully in the receiving party's possession without obligation of confidence prior to disclosure; (c) is rightfully obtained from a third party without obligation of confidence; or (d) is independently developed without use of or reference to the disclosing party's Confidential Information.

The site and all company materials are provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the company expressly disclaims all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, system integration, quiet enjoyment, and any warranties arising from course of dealing, course of performance, or trade usage.

Without limiting the foregoing, the Company does not warrant that: (a) the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components; (b) any defects will be corrected; (c) the Site or its servers are free of any harmful code; or (d) any results obtained from the use of the Site will be accurate or reliable.

No guarantee of marketing results. Marketing is inherently uncertain. The Company makes no representation or warranty, express or implied, regarding the performance, return on investment, lead volume, conversion rate, revenue uplift, search ranking, audience growth, or any other quantitative or qualitative outcome that may result from any information, methodology, or case example presented on the Site or from any services that may subsequently be engaged. Historical performance is not indicative of future results.

To the maximum extent permitted by applicable law, in no event will the company, its officers, directors, members, employees, agents, affiliates, licensors, or service providers be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunities, or anticipated savings, arising out of or in connection with these terms, the site, or any company materials, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the company has been advised of the possibility of such damages.

In no event will the company's aggregate liability arising out of or in connection with these terms or your use of the site exceed one hundred united states dollars (US$100). Where an executed engagement agreement is in place, liability arising out of that engagement is governed by the limitation of liability contained therein and not by this section.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so the above limitations may not apply to you in full. In such jurisdictions, the Company's liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, members, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any applicable law or regulation; (c) your violation of any rights of a third party, including intellectual-property and privacy rights; or (d) your misuse of the Site or any Company Materials. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with the Company's defense of such claim.

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, are governed by the laws of the State of Wyoming, United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Subject to Section 15 (Dispute Resolution), the parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming, and each party waives any objection to the laying of venue in such courts and any claim that any such action has been brought in an inconvenient forum.

The parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through informal negotiation between persons with authority to settle the dispute. If the dispute is not resolved within thirty (30) days after written notice of the dispute, the parties agree to attempt to resolve the dispute through non-binding mediation administered by a mutually agreed mediator in Sheridan County, Wyoming, before initiating litigation. The foregoing does not prevent either party from seeking injunctive or other equitable relief at any time to protect its intellectual-property rights or Confidential Information.

Class action waiver. To the maximum extent permitted by applicable law, the parties agree that any dispute will be brought solely in the bringing party's individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

The Company will not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by events beyond its reasonable control, including without limitation acts of God, natural disasters, fires, floods, earthquakes, epidemics or pandemics, war, armed conflict, terrorism, civil unrest, acts of government, labor disputes, interruptions or failures of internet backbone or hosting infrastructure, denial-of-service attacks, or other similar events.

We may modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of these Terms and, where appropriate, provide additional notice. Your continued use of the Site after the effective date of any updated Terms constitutes your acceptance of those Terms. If you do not agree with any updated Terms, your sole remedy is to discontinue use of the Site.

Questions about these Terms should be directed to: