TERMS OF SERVICE

Updated: May 13, 2022

 

PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES DISPUTES FOR USERS IN THE U.S. AND CERTAIN OTHER COUNTRIES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE  "ARBITRATION AGREEMENT”  AND   "WAIVER OF CLASS OR CONSOLIDATED ACTIONS"   SECTIONS BELOW. BY ACCEPTING THESE TERMS, YOU AGREE TO THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

 

VirtualTerms.com and its related website, mobile application, social media sites (collectively, and individually, the “ Site”) are offered by Framework Legal LLC (dba VirtualTerms) and its applicable parent, subsidiary and affiliated companies (collectively, “the Company,” or “we”, “us”, “our”).

 

CONDITIONAL USE OF THIS SITE

Your access to and use of the Site and the Site Content is subject to these Terms of Service, the Site's Privacy Policy and all applicable laws. Certain features of the Site may require levels of account subscription and may have additional terms and conditions. These Terms of Service govern your rights and responsibilities in connection with the Site.

 

By accessing and using the Site and the Site Content, you signify your acceptance and agreement to be bound by these Terms of Service and the Site's Privacy Policy. These Terms of Service are a binding legal agreement between you and the Company: Please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the Terms of Service.

 

ACCOUNTS/PRICING/PLANS. 

  • You must be 18 or older to create an account.
  • To create an account, you must provide your actual name, title, company name, valid email address. For certain services, you may be required to provide a valid credit card account number, expiration date and CRV. You agree to provide accurate, complete and current information.
  • Only one individual person may use an account. You may not share an account between or among other individuals.
  • Use of all current features for VirtualNDAs are free. We reserve the right to change pricing, including for new or revised features, functionality, and agreements.
  • Pricing posted on the Site may be changed at any time, provided that any changes to monthly subscription pricing will go into effect for the next billing cycle immediately after the price change is posted to the Site.
  • You may cancel any subscription or update other account and billing information by going to the Account page and selecting Manage on Stripe Customer Portal at the bottom of the page.

 

WE ARE NOT A LAW FIRM AND CAN NOT PROVIDE LEGAL ADVICE

  • The Site provides an online platform for parties to create, review, and sign their own common legal agreements. The Site may provide general information to help users to use the Site, fill out the form of agreements, and other general information on common legal issues. We do not, however, review your selection and use of and input into the forms.
  • We are not a law firm and do not provide legal advice or services. None of our officers, directors, employees, advisors, representatives, members, or owners, engage in the practice of law with you through or in connection with the Site. Use of the Site and its agreement forms is not a substitute for the advice of an attorney, does not create an attorney-client relationship and your communications with us would be not protected by the attorney-client privilege.
  • Though we strive for accurate, up to date, and appropriate agreements and terms, because you may have specific needs, and because the law changes rapidly and may be subject to differing interpretation in various jurisdictions, the agreements and information on the Site may not be fully current, customized, or appropriate for your specific needs or jurisdiction. We cannot and do not provide legal advice regarding the suitability for your particular needs or situation. You may consider whether you should consult a licensed attorney in your jurisdiction for your specific needs or situation.

 

RIGHTS, RESPONSIBILITIES, AND GENERAL RESTRICTIONS

  • You may use the Site for lawful and legitimate business or personal purposes only.
  • Though we will send you a fully executed .pdf copy and maintain a version on the Site, you are responsible for saving any of your final executed agreements.
  • The Site and Site Content may be protected by applicable trademark, copyright and patent law. All authorized use of the Site Content, including downloading, printing, sharing, editing and otherwise using Virtual Term’s forms, examples, agreements and terms library must reproduce all trademark, copyright and other notices.
  • Except as authorized by us, you may not copy, reproduce, reuse, retransmit, adapt, publish, frame, upload, modify, create derivative works from or based upon, transmit, decompile, reverse engineer, incorporate into any hardware or software application, broadcast, distribute or otherwise use or exploit any Site Content (as defined below) in any way, including for any public or commercial purpose whatsoever.
  • You may, by using the Site in compliance with these Terms and the normal operation of the Site, transmit, download and print agreement information, including certain VirtualTerms content, solely to send and complete agreements on the Site. You agree that if you transmit, download or print any such content or other images from the Site you do so solely for your or your company’s internal record keeping for agreements and will not remove any copyright, trademark, patent, and other notices that appear within the Site. No right, title or interest in any Site Content is transferred to you as a result of any such transmission, downloading or printing or any other use.You may not use any third parties' likenesses, names, and/or properties without their express permission.
  • You may not send or post to the Site or link, embed or otherwise display via the Site any material (including, without limitation, any of your own user submissions) or use the Site in a way that is: unlawful, harmful (including any virus), threatening, harassing, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, or is otherwise inappropriate or disruptive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that could constitute or encourage a violation of any applicable laws, rules, regulations or government guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.
  • You may not:
    • knowingly provide or post any false, misleading, or fraudulent information,
    • use the Site for any illegal purpose or provide or post any material or information in violation of any Applicable Law,
    • hold yourself out as someone you are not or otherwise impersonate any other person while using the Site,
    • interfere or tamper with the functioning of the Site or attempt to gain access to information or control of the Site not specifically granted to you,
    • use the Site to transmit any spyware, virus or similar destructive program or code,
    • compile any database or list of other Site visitors or use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services,
    • access or attempt to access any restricted portion of the Site unless you have specifically been granted access, or
    • access or attempt to access the Site through any automated or non-human means, such as through bots, spiders, scripts, or software, or other means or processes to access, "scrape," "crawl" or "spider" the Site, its offers, or any related data or information.
  • We may review, edit or delete materials you or others send to the Site for any reason in our sole discretion, but are not obligated to do so.
  • You may not do anything on the Site that would prevent another user’s access to or use.
  • You are responsible for maintaining the confidentiality of any username or passwords associated with access to the Site or your account (including in those instances in which the Site uses the account creation mechanism and management of a third party’s social or other network, website or device account) and to monitor and assume responsibility for all activities that occur under your username and/or password.
  • By creating an account, you agree to receive communications about the Site, including regarding your transactions and promotional material from us regarding the Site.
  • You further agree and warrant that when you request that we email agreements to third parties that you have are authorized to do so in furtherance of a business relationship you have with that party.

 

OWNERSHIP OF MATERIAL YOU SEND
Subject to the application of the Privacy Policy to personal data and your specific confidential information in your agreements, any material you send to the Site will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Site if you are the original author of the material or have the necessary rights to the material.

 

DISCLAIMER

We try to make the Site and its contents reliable, but inaccuracies may occur. Therefore, regardless of anything else on the Site or in these Terms of Service:

  • USE OF THE SITE IS AT YOUR OWN RISK;
  • THE SITE IS PROVIDED TO YOU "AS IS"; "WITH ALL FAULTS" AND "AS AVAILABLE"; AND
  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE SITE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES ARISING OUT OF:
    • STATEMENTS, ERRORS OR OMISSIONS IN THE SITE OR SITE CONTENT;
    • CONTENT INFRINGING ANY THIRD PARTY'S RIGHTS;
    • VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER, PHONE, OR OTHER ELECTRONIC DEVICE;
    • LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS;
    • ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
    • PERSONAL INJURY OR PROPERTY DAMAGE; OR
    • ANY OTHER MATTER REGARDING THE SITE OR SITE CONTENT AND YOUR USE OF IT.


LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


INDEMNIFICATION
TO THE MAXIMUM AMOUNT PERMITTED BY LAW, BY USING THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC HARM, PERSONAL INJURY, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, AND ANY OTHER DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER'S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

  • ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITE;
  • RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND,
  • ANY ACTIVITY RELATING TO YOUR ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITE THROUGH YOUR ACCOUNT OR YOUR INTERNET, CELLPHONE, OR SOCIAL NETWORKING ACCOUNT;
  • THE VIOLATION OF ANY APPLICABLE LAWS AND/OR THESE TERMS OF USE BY YOU AND/OR ANYONE USING YOUR ACCOUNT TO ACCESS AND/OR OTHERWISE USE THE SITE (IN WHOLE OR IN PART);
  • YOUR VIOLATION OF ANY PERSON’S PRIVACY, PUBLICITY OR OTHER RIGHT;
  • ANY OTHER MATTER REGARDING THIS SITE OR SITE CONTENT AND YOUR USE OF IT.


You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

MOBILE SERVICES

If you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. By accessing the Site through a mobile device, you agree that we may receive information about your usage of the Site.

 

OTHER SITES    

This Site may contain links to other sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these other sites or their content, products, services or privacy policies or practices. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave the Site and read the privacy policies and terms of use of these other sites. You should also independently assess the authenticity of any site which appears or claims that it is the Site (including those linked to through an email).

 

INTELLECTUAL PROPERTY    

We (or our associated or affiliated companies) or our licensors ("Content Owner") own or license from third parties the Site and all Site Content. Site and all Site Content and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein remains the sole property of the applicable Content Owner and is protected under all relevant international copyright, trademark and other intellectual property laws. Nothing on the Site should be construed as granting any license or rights to use or distribute the Site or any Site Content, without our express written agreement or of the other applicable Content Owner.

 

COPYRIGHT INFRINGEMENT NOTICE

We respect the intellectual property rights of others and expect users of the Site to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Company’s designated Copyright Agent via email at contact@virtualterms.com with a subject line: Copyright Notice. All claims of infringement must be in writing and must contain the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

ARBITRATION AGREEMENT

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH US AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

YOU AND WE BOTH AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SITE, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, subject to the exceptions below.

You and we both agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

 

Disputes

"Disputes" shall include, but are not limited to, any claims or controversies between you and us against each other related in any way to or arising out of in any way from the Site, including but not limited to transactions, fees, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and us, even if the claim arises after you or we have terminated use of the Site or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) that we bring against you; (c) claims in any way related to or arising out of any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) claims that arose before these Terms or out of a prior set of Terms with Company; (e) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (f) claims that arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.

 

Binding Arbitration Process and Procedure

Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration to be held in the county in which you reside. For residents outside the United States, arbitration shall be initiated in Collin County, Texas. Company and you further agree to submit to the personal jurisdiction of any state or federal court in Collin County, Texas to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Framework Legal LLC (dba VirtualTerms) via its registered agent ℅ LEGALINC CORPORATE SERVICES INC. 10601 CLARENCE DRIVE, SUITE 250 FRISCO, TX 75033. The arbitration will be conducted by a single arbitrator. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at  http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If there is a conflict between the JAMS Rules (or the rules of the alternative arbitral forum selected by the parties) and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. Company shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Company is specifically required to pay such fees under applicable law.

If Company’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.

You or Company may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Company otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Company with advance notice by email to contact@virtualterms.com.

These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Company on your behalf.

 

Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

 

Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

 

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to contact@virtualterms.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address, if any, associated with your account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

 

Parents, Subsidiaries, Affiliates

This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Company, or any employee, officer, director, or investor of Company, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, communications, and/or technology on or through the Site.

 

Changes to This Section

Company will provide thirty (30) days' notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.

 

Severability

Subject to the section titled "Waiver of Class or Consolidated Actions," if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

 

Survival of Agreement

This Arbitration Agreement will survive the termination or expiration of these Terms, your account or the Site.

 

WAIVER OF CLASS OR CONSOLIDATED ACTIONS.
 
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You and we both agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and we both further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.

An arbitrator (or court) cannot combine more than one person's or entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator's (or court) decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other users, and cannot be used to decide other disputes with other users.

If any court or arbitrator determines that the waiver set forth in this Waiver of Class or Consolidated Actions Section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Collin County, Texas.

If any clause within this Waiver of Class or Consolidated Actions Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Waiver of Class or Consolidated Actions Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Company, or any employee, officer, director, or investor of Company, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

This Waiver of Class or Consolidated Actions Section shall survive any termination or expiration of these Terms, your account or the Site.

 

TERMINATION

We may, in our sole discretion for any reason, without liability or prior notice at any time:

  • limit, terminate or suspend your or other users’ access to or use of the Site,
  • discard, remove, and/or disable or deactivate any or all of your submissions or materials and data that you (and/or anyone else) sent to or create on the Site, and/or
  • discontinue the Site or any parts thereof.

 

JURISDICTION    

We control and operate the Site from the State of Texas, USA (the “Jurisdiction”) (regardless of where hosting servers are located). All matters relating to the Site are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any court legal proceeding relating to the Site shall exclusively be in appropriate courts located in in Collin County, Texas and must be brought within one (1) year after the claim or cause of action arises. We do not imply that the Site or materials on it are appropriate for use outside of the USA, as applicable. Information on the Site concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the USA, you are solely responsible for compliance with any applicable local laws in your jurisdiction.

 

SEVERABILITY WAIVER    

If any provision of these Terms of Service is found unlawful, void or unenforceable for any reason, it shall be deemed severed from these Terms of Service and the remaining provisions will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

DEFINITIONS/INTERPRETATION    

As used herein:
"Damages" means any and all direct, special, indirect, consequential loss, or exemplary or punitive damages or other damages of any kind, including damages for loss of revenues, profits, goodwill, use, data or other intangible losses (whether in contract, including fundamental breach, tort, including negligence, statutory or otherwise).
"including" means including, but not limited to.
"materials sent to the Site" (and "materials you send to the Site" and similar phrases) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Site (whether documents, information, text, material, data or code or other) by you or another user.
"Related Parties" means all of our parent, subsidiary and affiliated companies and Site Developers.
"Site Content" means any and all text, images, audio, video, designs, names, logos, trademarks, data, code or other documents, information, material or content on the Site.
"Site Developer" means any party involved in creating, producing, delivering, hosting or maintaining the Site.
"use of the Site(s)" (and "using" and similar phrases) means any and all use of the Site of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Site or any material on the Site.
"Warranties" means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, noninfringement or freedom from computer virus).

 

CHANGES    

We may revise the Site and/or these Terms of Service, at any time without prior notice. Changes are effective when posted. Ensure that you regularly review these Terms of Service for updated versions. Your use of the Site after changes are made will be considered your acceptance and agreement to changes. By providing continued access to the Site, we are providing you consideration for your agreement to such changes. If you object to any changes, your sole recourse is to stop using the Site.

 

CONTACT US
If you have any questions or concerns regarding these Terms of Service, please email us at contact@virtualterms.com (re: Terms of Service -please refer to the site and date of these Terms of Service).