Terms of Use

These Terms of Use apply to your use of and registration with virtuaeducation.com (this “Site” or the “Virtua Site”). These Terms of Use set forth the general terms and conditions of your use of this Site and the products and services that you purchase or access through this Site (individually and collectively, the “Services”), including any subscriptions that you order through the Site (each, a “Subscription”) through an account that you open on the Site (an “Account”). This Site is owned by Virtua Education Inc., a Delaware limited liability company (“Virtua”).

Please Read these Terms of Use before accessing, browsing, or otherwise using this Site.

The terms “we”, “us” or “our” shall refer to Virtua. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use, has access to your Account or uses the Services. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

Your access to, and browsing, review and use of this Site are subject to these Terms of Use and all applicable laws. By accessing and using this Site, you accept these Terms of Use without limitation or qualification. If you do not agree to the Terms of Use, do not use this Site. If, at any time, any part of these Terms of Use is no longer acceptable to you, immediately terminate your use of this Site.

We reserve the right to change, modify, add or delete portions of these Terms of Use at any time, without prior notice. Please re-review the Terms of Use periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

Please refer to our Privacy Policy for information regarding the Company’s collection, use, and storage of users’ information.

When registering with Virtua you must provide accurate, complete, and current registration information and you agree to provide Virtua with any updates to that information promptly after such changes occur.

Individual Subscriptions to this Site are available only to persons who are at least 18 years of age or who have the consent and permission of their legally authorized parent or guardian. By using this Site you confirm and certify that you are at least 18 years old, or that you have your legally authorized parent or guardian’s permission to do so. Minors may receive access keys or user ID/passwords only in conjunction with an authorized adult subscription. Your right to use the Site is personal to you and cannot be transferred to any other person.

You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Site. You shall be responsible for all charges associated with accessing and maintaining a connection to the Site including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Virtua or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

You will not use this Site to collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

You will not use this Site or the Services in a manner (as determined by Virtua in its sole and absolute discretion) that:

  1. Is illegal, or promotes or encourages illegal activity;
  2. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  3. Infringes on the intellectual property rights of another User or any other person or entity;
  4. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  5. Interferes with the operation of this Site or the Services found at this Site;
  6. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
  7. or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding the Services.
  8. You will not copy or distribute in any medium any part of this Site or the Services,
  9. You will not access Virtua Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Virtua may designate.
  10. Without limiting any of the rights set forth elsewhere in these Terms of Use, Virtua reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services to any User (i) whose Account or Services were previously terminated or suspended, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services.

Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or via the Services, you represent and warrant to Virtua that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you or child is the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. You may not upload to, or distribute or otherwise publish through the Site, any Content that is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, contains advertising, violates any law, or otherwise objectionable to Virtua in Virtua’s sole discretion. You may not use this Site for any commercial purpose and may not distribute over this Site any solicitation of funds, goods or services. In addition, you may not use this Site to solicit subscribers to join other online information services that are competitive with this Site.

Virtua does not and cannot review all User Content, is not responsible for such User Content and does not endorse any User Content. That said, Virtua reserves the right to cancel your access and/or delete, move, or edit any User Content that it may determine, in its sole discretion, violates these Terms of Use. Virtua shall have the right, but not the obligation, to correct any errors or omissions in any User Content, as Virtua may determine in its sole discretion.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Virtua to treat your User Submissions as confidential or secret, that Virtua has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Virtua may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Virtua shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Virtua to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Use. You hereby grant Virtua a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Virtua’s (and Virtua’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Virtua may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.

The content on this Site and the Services , including without limitation the text, software, scripts, source code, APIs, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Virtua Content”), are owned by or licensed to Virtua and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Virtua’s Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Virtua. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Virtua reserves all rights not expressly granted in and to the Virtua Content, this Site and the Services, and these Terms of Use does not transfer ownership of any of these rights.

Subject to the terms and conditions of these Terms of Use and our other policies and procedures, we shall attempt to make this Site and the Services available on an uninterrupted basis. You acknowledge and agree that from time to time this Site and the Services may be inaccessible or inoperable for any reason and that we assume no liability to you or any other party for interruption of the availability of the Site or Services.

Virtua reserves the right to cease offering or providing any of (i) the Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Virtua makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Virtua, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. Virtua may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Virtua in its sole discretion, Virtua will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. Virtua will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services.

(A) Generals Terms

As part of the registration process Virtua requests your credit card information. You represent to Virtua that you are the authorized user of the credit card. For purposes of these Terms of Use the term “credit card” refers to any payment card, including prepaid cards, debit cards and credit cards, that is honored as a method of payment on this Site.

Payment Due at Time of Order. You agree to pay all amounts due for Services at the time you order them.

Price Changes. Virtua reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you.

Payment Types. You may pay for Services by using any valid credit card, debit card or prepaid card listed in our checkout page (“Payment Methods”). You must keep your Payment Method on file valid for so long as you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

Refunds Issued. Virtua will issue refunds according to the terms of our Refund Policy or as we may otherwise deem appropriate. You agree that where refunds are issued to your Payment Method, Virtua’s issuance of a refund receipt is only confirmation that Virtua has submitted your refund to the Payment Method charged at the time of the original sale, and that Virtua has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

Auto-Renewal Terms. In order to provide uninterrupted service, Virtua provides its Services with monthly automatic renewal. Automatic renewal automatically renews the applicable service every month. Other than as required by applicable law, Virtua does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Virtua account. In the event renewal with the Payment Method you provided to us on file fails, Virtua may attempt to renew the applicable service for a period less than a month to the extent necessary for the transaction to succeed. If you wish to discontinue the Services, you may do so on your My Account page, in which case automatic renewal will terminate and you will not be charged for the Services beginning on the billing month following the date you terminated.

In addition, Virtua may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If we are unable to successfully charge your existing Payment Method, your payment card provider (or your bank) may notify us of updates to your card number and/or expiration date, or they may automatically charge your new payment card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your payment card number and/or expiration date, Virtua will automatically update your payment profile on your behalf. Virtua makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to ensuring that (i) your email address and (ii) your Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of services, and Virtua shall not be liable to you or any third party regarding the same.

If for any reason Virtua is unable to charge your Payment Method for the full amount owed, or if Virtua receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Virtua may pursue all available lawful remedies in order to obtain payment. Virtua also reserves the right to charge you reasonable administrative fees for tasks Virtua may perform outside the normal scope of its Services, additional time and/or costs Virtua may incur in providing its Services, your noncompliance with these Terms of Use as determined by Virtua in its sole and absolute discretion and/or recouping any and all costs and fees, including the cost of Services, incurred by Virtua as a result of chargebacks or other payment disputes brought by you, your bank or your Payment Method processor. Virtua will bill these administrative fees or processing fees to the Payment Method you have on file with us.

Please refer to our Refund Policy page.

Please refer to our Privacy Policy page.

This Site and the Services found at this Site may contain links to third party websites that are not owned or controlled by Virtua. You acknowledge that Virtua assumes no responsibility for the availability of, or the content or software applications, terms and conditions, privacy policies, or practices of any third party websites. By using this Site or the Services found at this Site, you expressly release Virtua of any and all liability arising from your use of any third party website. Accordingly, Virtua encourages you to be aware when you leave this Site, to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. VIRTUA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VIRTUA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND VIRTUA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY VIRTUA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

IN NO EVENT SHALL VIRTUA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT VIRTUA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL VIRTUA’S TOTAL AGGREGATE LIABILITY EXCEED $1,000.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

You agree to protect, defend, indemnify and hold harmless Virtua and its officers, directors, employees, agents, third party service providers and any person or entity controlling, controlled by or under common control with Virtua, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Virtua directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.
The Services are intended for U.S. residents. Virtua makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Virtua expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to or control of any Account or Services for any reason.
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