|
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.
|