- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Service for any purpose that is in violation of local, state, national, or international law, including, without limitation, wage/hour and working condition laws and regulations;
- Upload files that contain software or other material that violates the rights of any third party, including, without limitation, intellectual property rights or rights of privacy or publicity; - Upload or introduce directly or through files, viruses, Trojan horses, worms, time bombs, spiders, cancel bots,corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network or the Service;
- Take any action that would undermine or interfere with the use or operation of the Service or any aspect thereof; Use the Service to circumvent our services or contact our Users to create a Competing service;
- Attempt to gain unauthorized access to the Service, other User accounts, or other devices, computer systems or networks connected to the Service;
- Advertise or offer to sell any goods or services for any commercial purpose on the Service that are not appropriate or relevant to the Service;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam - spamming is strictly prohibited;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Service;
- Access, download, or copy any information, content and/or materials from the Service through artificial means (including, without limitation, spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
- Reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit create or encourage the creation of derivative works, modifications, or adaptations of the Service or any information, materials or content thereon;
Supported carriers We are able to deliver text message notifications to the following mobile phone carriers: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket, & Virgin Mobile.
Questions For help or more information, email firstname.lastname@example.org. 13. CONTENT PROVIDED VIA LINKS You may find links to other websites or resources on the Service. You acknowledge and agree that Virtu.Academy is not responsible for the availability of such external sites or resources, we make no representations as to the accuracy or content of such third party websites and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 14. OUR INTELLECTUAL PROPERTY RIGHTS
LIMITED LICENSE AND RESTRICTIONS Virtu.Academy grants you permission (which may be revoked at any time for any reason or no reason) to use the Service for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by Virtu.Academy, you may not deep-link to the Service for any purpose or access the Service manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Service or any information, content, or material on the Service. Virtu.Academy reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Service or any content contained therein, whether in whole or in part, without prior written consent from Virtu.Academy. You may like or follow Virtu.Academy or share links to the Service via social networking technology referenced on the Service. Any rights not expressly granted herein are reserved. “Virtu.Academy Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Virtu.Academy uses in connection with its products and services. You may not remove or alter any Virtu.Academy Trademarks, or co-brand your own products or material with Virtu.Academy Trademarks, without Virtu.Academy's prior written consent. You acknowledge Virtu.Academy's rights in Virtu.Academy Trademarks and agree that any use of Virtu.Academy Trademarks by you shall inure to Virtu.Academy's sole benefit. You agree not to incorporate any Virtu.Academy Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Virtu.Academy on this Service provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms. Upon termination, you must immediately destroy any downloaded and/or printed Content. 15. COPYRIGHT INFRINGEMENT Virtu.Academy respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Virtu.Academy and the Service, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. Virtu.Academy reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material hosted on the Service infringes your copyright, you (or your agent) may send Virtu.Academy. a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Virtu.Academy to locate the content or material within the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; (f) 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; and (g) the date of notification. If you believe that your Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth below: (w) your physical or electronic signature; (x) A description ofthe content that has been removed and the location at which the content appeared before it was removed; (y) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (z) your name, address, telephone number, and email address, together with a statement that you consent to the jurisdiction of the federal court in the State of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person. If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our discretion) be reinstated on the Service in ten (10) to fourteen (14) business days or more after receipt of the counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http:// www.loc.gov/copyright for details. Virtu.Academy's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By email: email@example.com By mail: 2001 L Street, NW Suite 500, #50059 Washington, DC 20036 We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA. 16. TERMINATION AND SUSPENSION Virtu.Academy reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Service after termination or during suspension. 17. DISCLAIMER OF WARRANTIES USE OF THE SERVICE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”,AND“WITHALLFAULTS”BASIS. VIRTU.ACADEMYDISCLAIMSALLEXPRESSORIMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. VIRTU.ACADEMY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICE. VIRTU.ACADEMY MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TEACHERS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SERVICE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. 18. LIMITATION OF LIABILITY NO LIABILITY FOR ACTS OF USERS (INCLUDING TEACHERS) THE SERVICE OFFERS A MARKETPLACE FOR THOSE SEEKING PRIVATE MUSIC LESSON SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE PRIVATE MUSIC LESSON SERVICES. YOU UNDERSTAND AND AGREE THAT VIRTU.ACADEMY HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SERVICE AND THAT VIRTU.ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER OR ANY THIRD PARTY CONTENT POSTED TO THE SERVICE OR SERVICES BY USERS. YOU UNDERSTAND AND AGREE THAT VIRTU.ACADEMY IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SERVICE, OF ANY USER, INCLUDING TEACHERS. AS SUCH, VIRTU.ACADEMY EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES VIRTU.ACADEMY FROM, ANY AND ALL LIABILITYWHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SERVICE. USERS OF THE SERVICE TRANSACT BETWEEN THEMSELVES. VIRTU.ACADEMY WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. VIRTU.ACADEMY IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION. NO LIABILITY FOR ACCESS TO INTERNET OR SERVICE/SERVICE FEATURES Virtu.Academy recognizes that the traffic of data through the Internet may cause delays during the download of information from the Service and accordingly; you agree that you shall not deem Virtu.Academy liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service will not be available on a continual twenty-four (24) hour basis due to such delays, or delays caused by our upgrading, modification, or standard maintenance of the Service, the features of which may be changed or deleted at any time with or without notice. LIMITATION ON DAMAGES TO THE FULL EXTENT PERMITTED BY LAW, VIRTU.ACADEMY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF VIRTU.ACADEMY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SERVICE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CAP ON LIABILITY IN NO EVENT SHALL VIRTU.ACADEMY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO VIRTU.ACADEMY OR A VIRTU.ACADEMY PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AND VIRTU.ACADEMY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND VIRTU.ACADEMY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 17. 19. ASSUMPTION OF RISK You agree and understand that you assume all risks when using the Service, including, without limitation, any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other users. ANY INAPPROPRIATE CONDUCT, INCLUDING ROMANTIC OR SEXUAL BEHAVIOR MUST BE IMMEDIATELY REPORTED TO HELLO@VIRTU.ACADEMY, AND NO FURTHER CONTACT SHOULD BE MADE BETWEEN USERS. FAILURE TO REPORT INAPPROPRIATE CONDUCT WILL RESULT IN IMMEDIATE REMOVAL FROM VIRTU.ACADEMY'S PLATFORM. 20. INDEMNIFICATION
26. ENTIRE AGREEMENT These Terms constitute the entire agreement between you and Virtu.Academy relating to their subject matter, and cancel and supersede any prior versions of the Terms. 27. ASSIGNMENT LIMITATIONS AND PROHIBITIONS To the extent permitted by law, Virtu.Academy may assign or delegate these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Virtu.Academy or third-party products or services. Any unpermitted assignment is void, and any other assignment shall inure to the benefit of Virtu.Academy and its successors, assigns ,licensees and sublicensees. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. 28. REFUNDS AND CANCELLATIONS Lessons are intended to occur as scheduled. Lessons can be rescheduled or cancelled with Appropriate Notice. "Appropriate Notice" is at least 24 hours prior to the scheduled Lesson time. In the case of rescheduling or cancelling a Lesson, the rescheduling party must reschedule or cancel through our scheduling platform or by contacting us at firstname.lastname@example.org as soon as reasonably possible and at least 24 hours before the Lesson is scheduled to occur. Payments are nonrefundable. There are no refunds or credits, including for missed lessons, unused packages, or subscriptions. Following any subscription cancellation, however, you will continue to have access to the credits that you have purchased. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. If, following the Student's first Lesson, the Student is dissatisfied with that Lesson, the Student should contact email@example.com within twenty-four (24) hours of the Lesson, and we will work with the Student to reschedule the Lesson, find a different Teacher, and/or refund the Lesson price. This does not apply in any case where the Student has already taken at least one lesson, misses a Lesson, or is late to a Lesson. If a Student is more than ten minutes late to or does not attend a Lesson, and the Student has not rescheduled the Lesson, the Student will not receive any Refund for the Lesson. We do not provide refunds for technical failures, power outages or unreliable internet connections beyond our control. If a Teacher is unable to provide a Lesson due to a Student’s (i) inadequate hardware or bandwidth or (ii) inappropriate conduct, Virtu.Academy generally will not provide a Refund to Student. And if a Student feels that a Teacher’s conduct renders the Lesson impossible, the Student should inform Virtu.Academy within twenty-four (24) hours. All such situations, and any discussions concerning Refunds stemming therefrom, will be handled on a case-by-case basis.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Washington, DC before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Virtu.Academy’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
30. QUESTIONS? If you have any questions, feel free to contact us at email@example.com and by mail:
2001 L Street, NW Suite 500, #50059 Washington, DC 20036
If you're not completely satisfied with your first lesson, we will find you a new teacher and pay for your first lesson.
Trial Lesson offer only valid for new customers. Limit 1 per customer. Customers that purchase an invalid trial lesson will be charged the full price of the package.