AGREEMENT BETWEEN USER AND VIRGINIA COLLEGE SAVINGS PLAN
The Virginia College Savings Plan Web Site is comprised of various Web pages operated by Virginia College Savings Plan.
The Virginia College Savings Plan Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Virginia College Savings Plan Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
The Virginia College Savings Plan may modify these Terms of Use, and any such modifications will be effective immediately upon posting. Check the Terms of Use periodically for changes. The Virginia College Savings Plan may change, suspend, discontinue or restrict the use and availability of any portion of this Site at any time, without prior notice or liability. All content on this Site was believed to be accurate as of the date posted, but may be superseded by subsequent events or for other reasons.
YOUR ACCOUNT
Certain parts of this Site are protected by passwords and require a login. You agree not to obtain or attempt to obtain unauthorized access to any portion of this Site. You are responsible for maintaining the confidentiality of you account information, user names, logins, and password. For your protection, we strongly recommend that you do not provide your account information, user name or password to anyone. You are responsible for all activities occurring under your accounts, user names, logins, and passwords that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. You agree to contact the Virginia College Savings Plan immediately if you become aware of any unusual or suspicious activity related to your account.
Services and information provided to you through this Site may involve the electronic transmission, including through email, of information that you may consider personal information, and by using this Site you consent to such electronic transmission.
LINKS AND LINKING
The Virginia College Savings Plan Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Virginia College Savings Plan and Virginia College Savings Plan is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Virginia College Savings Plan is not responsible for webcasting or any other form of transmission received from any Linked Site. Virginia College Savings Plan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Virginia College Savings Plan of the site or any association with its operators.
You may not link to this Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Virginia College Savings Plan Web Site, you warrant to Virginia College Savings Plan that you will not use the Virginia College Savings Plan Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Virginia College Savings Plan Web Site in any manner which could damage, disable, overburden, or impair the Virginia College Savings Plan Web Site or interfere with any other party's use and enjoyment of the Virginia College Savings Plan Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Virginia College Savings Plan Web Site.
USE OF COMMUNICATION SERVICES
The Virginia College Savings Plan Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Virginia College Savings Plan has no obligation to monitor the Communication Services. However, Virginia College Savings Plan reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Virginia College Savings Plan reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Virginia College Savings Plan reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Virginia College Savings Plan's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Virginia College Savings Plan does not control or endorse the content, messages or information found in any Communication Service and, therefore, Virginia College Savings Plan specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Virginia College Savings Plan spokespersons, and their views do not necessarily reflect those of Virginia College Savings Plan.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO VIRGINIA COLLEGE SAVINGS PLAN OR POSTED AT ANY VIRGINA COLLEGE SAVINGS PLAN WEB SITE
Virginia College Savings Plan does not claim ownership of the materials you provide to Virginia College Savings Plan (including feedback and suggestions) or post, upload, input or submit to any Virginia College Savings Plan Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Virginia College Savings Plan, its 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. Virginia College Savings Plan is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Virginia College Savings Plan'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIRGINIA COLLEGE SAVINGS PLAN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, INVESTMENT, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
VIRGINIA COLLEGE SAVINGS PLAN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIRGINIA COLLEGE SAVINGS PLAN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRGINIA COLLEGE SAVINGS PLAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE, WITH THE DELAY OR INABILITY TO USE THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIRGINIA COLLEGE SAVINGS PLAN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VIRGINIA COLLEGE SAVINGS PLAN WEB SITE.
You agree to indemnify, defend and hold harmless the Virginia College Savings Plan and its officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.
SERVICE CONTACT : vcspinfo@virginia529.com
TERMINATION/ACCESS RESTRICTION
Virginia College Savings Plan reserves the right, in its sole discretion, to terminate your access to the Virginia College Savings Plan Web Site and the related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in the City of Richmond, Virginia in all disputes arising out of or relating to the use of the Virginia College Savings Plan Web Site. Use of the Virginia College Savings Plan Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Virginia College Savings Plan as a result of this agreement or use of the Virginia College Savings Plan Web Site. Virginia College Savings Plan's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Virginia College Savings Plan's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Virginia College Savings Plan Web Site or information provided to or gathered by Virginia College Savings Plan with respect to such use, including requests under the Virginia Freedom of Information Act, Va. Code §2.2-3700 through §2.2-3714. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Virginia College Savings Plan with respect to the Virginia College Savings Plan Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Virginia College Savings Plan with respect to the Virginia College Savings Plan Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Virginia College Savings Plan Web Site are: © Copyright 2009 Virginia College Savings Plan. All rights reserved. All Virginia College Savings Plan graphics, logos, and service names are trademarks, service marks or trade dress of the Virginia College Savings Plan and may not be used in connection with any product or service that is not the Virginia College Savings Plan's, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits the Virginia College Savings Plan. Nothing contained on this web site should be construed as granting any license or right to any trademarks, service marks, or trade dress of the Virginia College Savings Plan.
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