Last updated on August 07, 2020
ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING ANY OF THE BUSINESS SERVICES PROVIDED ON THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE WEBSITE.
1. USE OF THE SITE AND SERVICES
Subject to full compliance with these terms and conditions, we grant authorized users a nonexclusive, nontransferable, terminable license to access and use the website for your personal or business use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the website's content if their information for any purpose except for your personal use and as described in these terms and conditions, without written consent. We may modify, update, suspend or discontinue the website, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.
As a condition of your access and use of the website and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the website. You agree not to use the website and its services for any purpose that is unlawful or prohibited by these terms and conditions. By way of example, and not as a limitation, you agree not to:
When using, accessing, or purchasing particular services or features of the website, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the terms and conditions.
3. REGISTRATION INFORMATION
We require that you create an account to use or access certain parts of the website and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the website, you agree to provide true, accurate, current and complete information and update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.
4. SUBMITTING CONTENT
As a condition of submitting any content or other materials to the website, you agree that:
5. PUBLICATION AND DISTRIBUTION OF CONTENT
Our company does not guarantee the accuracy, integrity, quality or appropriateness of any information transmitted to or through the website. You acknowledge that we simply act as a passive conduit and an interactive computer service provider for the publication and distribution of content and for the publication and distribution of any content posted by businesses in response to content. You understand that all content posted on, transmitted through or linked through the site, are the sole responsibility of the person from whom such content originated. You understand that our company does not control, and is not responsible for content made available through the website, and that by using the website, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any information.
You further acknowledge that our company has no obligation to screen, preview, monitor or approve any content posted or submitted by any other user. However, we reserve the right to review and delete any information that, in its sole judgment, violates the terms and conditions of this agreement. By using the website, you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the website. Under no circumstances will our company be liable in any way for any content or, including, but not limited to, any content or that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any content or submitted, accessed, transmitted or otherwise conveyed via the service. You waive the right to bring or assert any claim against our company relating to content and release us from any and all liability for or relating to any content.
Our company does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party or business. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or business, our company is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any business, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such business exclusively and do not involve our company. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging businesses.
Third parties and businesses may link or otherwise direct Internet users to our website for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or business websites. We do not control or operate any such third party or business websites. Any information you provide to these third parties or business websites while on these third party or business websites is subject to the respective policies of those third parties or businesses, and not our policies. It is your responsibility to review such third party or business policies, including any relevant privacy policies. You agree that our company will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Our company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or business sites. You use these third party or business websites at your own risk.
You agree that our company is not responsible for the accessibility or unavailability of any business or for your interactions and dealings with them, waive the right to bring or assert any claim against our company relating to any interactions or dealings with any business, and release our company from any and all liability for or relating to any interactions or dealings with businesses.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or businesses found on or through the use of the website, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that our company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or businesses on the website.
If deemed necessary, we may terminate your privilege to use or access the website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the website and agree not access or make use of, or attempt to use, the website. Furthermore, you acknowledge that our company reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the website. You understand that our company may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to our company.
All provisions of these terms and conditions which by their nature should survive termination shall survive the termination of your access to the website, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
Our website and its company's graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of our company in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all content and material made available on the website is protected by copyright law. Aside from user-submitted content, all other materials and other information on the website, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of our company and/or its licensors and are protected by all United States and international copyright laws.
The website may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. The company is not responsible for any delays, failures or other damage resulting from such problems.
10. WARRANTIES AND DISCLAIMERS
You acknowledge that our company has no control over, and no duty to take any action regarding: which users gain access to or use the website; what effects the content on or in connection with the website may have on you; how you may interpret or use the content on or in connection with the website; or what actions you may take as a result of having been exposed to the content on or in connection with the website. You release our company from all liability for you having acquired or not acquired content or information through the website. The website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the website. Our company makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER OUR COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF OUR COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE WEBSITE. IN NO EVENT WILL OUR COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL WE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITES.
Any material accessed, downloaded, or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information whether oral or written, obtained by you from the website shall create any warranty not expressly stated in the terms.
Except as otherwise expressly provided in the terms, our company does not represent or warrant that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, and (v) any errors in the software will be corrected. You agree that from time to time we may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you.
Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our company's liability shall be limited to the extent permitted by law.
Our company shall use reasonable efforts to protect information submitted by you in connection with the services, but you acknowledge and agree that your submission of such information is at your sole risk, and we hereby disclaim any and all liability to you for any loss or liability relating to such information in any way.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE WEBSITE; (E) STATEMENTS OR CONDUCT OF ANY BUSINESS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY BUSINESS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You understand and agree that your unlimited access to the content on the Website represents a substantial portion of the value you receive from website membership Fee. THEREFORE, TO THE EXTENT OF OUR COMPANY IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
You expressly acknowledge and agree that our company contracts with a third party to process your payments through the use of a credit card (a "credit card processor"). You understand and agree that neither a credit card processor nor any other party involved in the credit card processing process for our company, including, but not limited to, the company issuing the credit card to you and the merchant bank (collectively, the "released parties") shall be liable for any damages (as defined herein and subject to the limitations set forth in this section suffered by you as a result of the failure our company to provide services to you under this agreement or any breach of this agreement by list. You hereby release each of the released parties from any and all damages you may suffer as a result of the failure of our company to provide services to you under this agreement or any breach of this agreement by our company. You agree to indemnify and hold harmless each of the released parties for any and all damages it may suffer as a result of your breach of this section. You hereby understand and agree that our company shall be solely liable for the payment of any damages to you under this agreement.
These terms and conditions rules, and policies incorporated by reference to these terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and our company. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and our company regarding the subject matter contained in these terms and conditions. Additional terms and conditions may exist between you and third parties, including but not limited to, businesses and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to our company under these terms and conditions.
These terms and conditions and the relationship between you and our company will be governed by the laws of the State of Virginia, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Hanover County, Virginia and waive any defense of lack of personal jurisdiction or improper venue or forum non convenient to a claim brought in such court, except that our company may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the website or these terms and conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.