Terms and Conditions
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by New VA Advice, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that New VA Advice, LLC is not
responsible for third-party access to your account that results from theft or misappropriation of
your account. New VA Advice, LLC and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
Payment and Renewal
By selecting a product or service, you agree to pay New VA Advice, LLC the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify New VA Advice, LLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to New VA Advice, LLC in writing.
Fees and Payment.
By signing up for a Services account you agree to pay New VA Advice, LLC the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. New VA Advice, LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to New VA Advice, LLC.
If your service includes access to priority email support. “Email support” means the ability to make requests for assistance by email at any time (with reasonable efforts by New VA Advice, LLC to respond within one business day) concerning the use of the Services. “Priority” means that support takes priority over support for users of the standard or free newVAadvice.com services. All support will be provided in accordance with New VA Advice, LLC standard services practices, procedures and policies.
Copyright Infringement and DMCA Policy
As New VA Advice, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by newVAadvice.com violates your copyright, you are encouraged to notify New VA Advice, LLC in accordance with New VA Advice, LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. New VA Advice, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
New VA Advice, LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of New VA Advice, LLC or others. In the case of such termination, New VA Advice, LLC will have no obligation to provide a refund of any amounts previously paid to New VA Advice, LLC.
This Agreement does not transfer from New VA Advice, LLC to you any New VA Advice, LLC or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with New VA Advice, LLC. New VA Advice, LLC, newVAadvice.com, and all other trademarks, service marks, graphics and logos used in connection with newVAadvice.com, or the Website are trademarks or registered trademarks of New VA Advice, LLC or New VA Advice, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any New VA Advice, LLC or third-party trademarks.
Materials Provided to newVAadvice.com or Posted on Any New VA Advice Web Page
New VA Advice, LLC does not claim ownership of the materials you provide to
newVAadvice.com (including feedback and suggestions) or post, upload, input or submit
to any New VA Advice, LLC Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting New VA Advice, LLC, our affiliated companies, and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
New VA Advice, LLC is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in New VA Advice, LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
New VA Advice, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. New VA Advice, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
New VA Advice, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your newVAadvice.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by New VA Advice, LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from New VA Advice, LLC’s notice to you thereof; provided that, New VA Advice, LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. New VA Advice, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither New VA Advice, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will New VA Advice, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to New VA Advice, LLC under this agreement during the twelve (12) month period prior to the cause of action. New VA Advice, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless New VA Advice, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between New VA Advice, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of New VA Advice, LLC, or by the posting by New VA Advice, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Pennsylvania, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pennsylvania.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; New VA Advice, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last Update: May 21, 2018
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