VADA Virginia Association of Defense Attorneys
May 09, 2008

Disclaimer

This Internet location is an online service provided by The Virginia Association of Defense Attorneys, Inc., ("VADA") subject to the terms and conditions of this agreement ("Agreement"). This Agreement constitutes the entire agreement between you as a user and VADA. By entering this site, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. Usage

1.1 You may send and receive electronic mail ("Email"), engage in conferences and chats, and otherwise use this site as permitted by this Agreement, VADA's policies and applicable law. Your activity in conferences and chats is subject to review, modification and deletion by VADA without notice. VADA reserves the right in its sole discretion to change its policies at any time.

1.2 You are responsible for your communications via, and your use of, this site. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information; (b) intercept or attempt to intercept Email; (c) use this site in a manner that adversely affects the availability of its resources to other Members; (d) send Email to Members for any purpose other than personal communication; (e) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a VADA Member the Member directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by VADA); or (f) act, or fail to act, in your use of this site, in a manner that is contrary to applicable law or regulation. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your license to use this site.

1.3 You agree to (a) maintain all equipment required for your access to and use of this site; (b) maintain the security of your Member identification, password and other confidential information relating to your use of this site; and (c) be responsible for all charges resulting from use of your this site.

1.4 VADA may terminate your right to use this site at any time, with or without cause.

2. Operation

VADA reserves complete and sole discretion with respect to the operation of this site. VADA may, among other things: (a) monitor Email, conferences and chats and authorize restrictions on access thereto; (b) delete Email; and (c) withdraw, suspend or discontinue any functionality or feature of this site.

3. Member Representations

You represent and warrant that you are a Member of VADA with full rights and privileges to enter this site.

4. Content

VADA does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of this site, other than information provided by authorized VADA spokespersons. Statements made in Email, forums, conferences and chats reflect only the views of their authors and do not reflect any opinion or position of VADA.

5. Ownership

This site and the VADA Internet home page are wholly owned by VADA and to individual member has any ownership interest in this site.

6. No Warranties and Limitation of Liability

6.1 THIS SITE AND ALL VADA SERVICES HEREUNDER ARE PROVIDED "AS IS," AND VADA AND MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. VADA DOES NOT WARRANT THAT ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. VADA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

6.2 YOUR USE OF THIS SITE AND ALL THIS SITE SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED THROUGH VADA. YOU AGREE THAT VADA WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF VADA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

7. Charges

You are responsible for all charges for hardware, software and connection charges to access this site. VADA has no responsibility to you for any cost you incur to enable you to use this site.

8. Use

Your right to use this site is personal to your VADA membership. You agree not to disclose, assign, transfer or sublicense your password.

9. Indemnification

You agree to indemnify VADA from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of this site, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and infringement of intellectual property or other rights.

10. Effective Date; Changes to Terms

This Agreement takes effect on the date on which you first use this site and continues until your VADA membership is terminated either by you or by VADA. VADA RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY INFORMATION POSTED ONLINE. YOUR NON-TERMINATION OR CONTINUED USE OF THIS SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

11. General

11.1 This Agreement is governed by the laws of the Commonwealth of Virginia, USA, and you consent to the exclusive jurisdiction and venue of courts in Henrico County, Virginia, in all disputes arising out of or relating to your use of this site or your VADA membership.

11.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and VADA as a result of your use of this site. You agree not to hold yourself out as a representative, agent or employee of VADA and that VADA will not be liable by reason of any representation, act or omission to act by you.

11.3 VADA's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of VADA's right to comply with law enforcement requests or requirements relating to a Member's use of this site or information provided to or gathered by VADA with respect to such use.

11.4 This Agreement constitutes the entire agreement between VADA and you with respect to your use of this site.