PLEASE NOTE THAT OUR TERMS OF USE HAVE BEEN MODIFIED AS OF NOVEMBER 23, 2021. These Terms of Use (“Terms”) govern your use of the Virtu.Academy website, located at https://virtu.academy, any mobile applications, and services (collectively, the “Service”) provided by Virtu.Academy, LLC (“Virtu.Academy”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING DISCLAIMERS OF WARRANTIES, MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using the Service you agree to these Terms. If you do not agree to these Terms, please do not access or use the Service. 1. GENERAL TERMS Virtu.Academy provides the Service to users seeking private music lesson services (“Students”) and to users seeking to provide private music lesson services (“Teachers”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Students, Teachers or any person or entity who views, uses, accesses, browses or submits any content or material to the Service. These Terms are entered into by and between Virtu.Academy and you, and you accept them by: (a) contracting for lessons through the Service; (b) using the Service in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Service. Teachers also must agree to be bound by our Teacher’s Agreement. If we provide Services in conjunction with educational institutions or staff subject to Family Educational Rights and Privacy Act of 1974, we also require such individuals and entities to be bound to the terms of our FERPA Notice. 2. PRIVACY POLICY We believe it is important to protect the privacy of our users, notify you as to how we use your data to provide the services on the Service to you and inform you of your choice. Please refer to the Virtu.Academy Privacy Policy at https://virtu.academy/privacy-policy for information on how Virtu.Academy collects, uses and discloses information about you. The Privacy Policy is incorporated into these Terms by reference. 3. SERVICES The Service offers a marketplace for those seeking private music lesson services to connect with those seeking to provide private music lesson services. As independent contractors hired by Students, Teachers control the methods, materials and all aspects of the lessons. Students are responsible for selecting the right teacher for their needs. In making hiring decisions, Students should review and investigate each teacher's self-reported credentials, education, and experience. ALL LESSON SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE ADULT. Virtu.Academy controls and operates the Service from various locations, including the United States of America, and makes no representation that this website is appropriate or available for use in all locations. Virtu.Academy services may not be available in your location, and available services may vary among locations. Virtu.Academy does not guarantee delivery of all correspondence between Virtu.Academy, teachers, and students. 4. ACADEMIC HONESTY You acknowledge and agree that Virtu.Academy's services are provided for the purpose of facilitating learning, not cheating. You agree not to inquire about the hiring of, or to hire teachers to complete assignments, auditions, or otherwise do work on your behalf. Further, you agree not to use Virtu.Academy's services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace. 5. YOUR OBLIGATIONS AND CONDUCT In consideration of your use of the Service, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving private music lesson services; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Service (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Virtu.Academy, to keep it accurate, current and complete; (e) to not engage in inappropriate conduct, including, but not limited to, romantic behavior, sexual behavior, harassment, discrimination, violence, and any other conduct Virtu.Academy deems inappropriate; and (f) to accept all risks of unauthorized access to information and Registration Data.
USE OF SERVICE BY MINORS UNDER SIXTEEN YEARS OF AGE You are not permitted to use the Service or submit Content to the Service if you are under the age of 16 without the consent of a parent or guardian. Parental Consent to collect the personal information of any minor under sixteen must be provided upon registration by providing a valid credit card or other payment method accompanied with consent to share personal information with us and the Teacher you schedule your child’s lesson with. Without such consent, accounts will not be created and we reserve the right to refuse Service to anyone for any reason not prohibited by law. If you become aware of any child under 16 using our Service, please contact us at hello@virtu.academy and we will remove their information. USER GENERATED CONTENT “Content” is any media (including, but not limited to: text, text formatting, images, audio, or video) that is created originated, edited, modified, uploaded or shared by Users (including you) in any way and in any form using the Service, whether or not shared publicly, including, but not limited to bios, marketing information and Student feedback. You are entirely responsible for all Content that you upload, post, link to or otherwise transmit through your use of the Service. You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Virtu.Academy or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Virtu.Academy reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary or appropriate. Except as described in our Teacher Agreement, Virtu.Academy does not claim ownership of the Content that you place on the Service and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. Virtu.Academy shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant Virtu.Academy an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization to grant such license and for the worldwide transfer and processing among Virtu.Academy, its affiliates, and third-party providers of any information that you may provide on the Service. USE OF FEEDBACK Although we welcome you to e-mail us, you should not e-mail us anything that contains confidential or personal information other than your contact information. Our Privacy Policy provides information with regard to how we handle your personal information. With respect to all e-mails you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to, and you grant us a royalty free, irrevocable worldwide license to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. ACCEPTABLE USE You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Virtu.Academy, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following: - Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of others;
- 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;
- Decompile, reverse engineer or disassemble the Service or any code contained therein; or Restrict or inhibit any other user from using and enjoying the Service. ELIGIBILITY CONDITIONS By using the Service, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Service: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including, without limitation, any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including, without limitation, sexual, child abuse or domestic violence offenses. You hereby affirm we have the right to: monitor Service activity, determine whether any of your Content submissions are appropriate and comply with these Terms, remove any and/or all of your Content, and terminate your account with or without prior notice, provided however, Virtu.Academy does not, and cannot, pre-screen or monitor all User Generated Content. By using the Service, you understand and agree that Virtu.Academy may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Virtu.Academy may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Service. You hereby authorize Virtu.Academy to verify the above representations and warranties by you and you acknowledge and agree that Virtu.Academy shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation,conducting sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Virtu.Academy may take such action as it, in its sole discretion, deems appropriate, including, without limitation, suspending and/or terminating your use of the Service, should it determine that you have violated any representation or warranty. The preceding paragraph notwithstanding, you understand and agree Virtu.Academy does not, at this time, conduct full criminal background checks of any User. You also understand and agree Virtu.Academy neither confirms nor denies the validity of information provided by Users and that Virtu.Academy does not verify that any or all of the Eligibility Conditions are met by Users. USE OF SERVICE AND TEACHERS AT YOUR OWN RISK You understand and agree to make your own decisions and assessments about persons to engage and that – IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS. Virtu.Academy expressly disclaims, and you expressly release Virtu.Academy from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User. Virtu.Academy reserves all of its rights under the Communications Decency Act, including, without limitation, its right to remove anything objectionable to Virtu.Academy in its sole discretion. Alleged improprieties by any User may be reported to Virtu.Academy by email at hello@virtu.academy. 6. THIRD PARTY REPORTS Virtu.Academy may utilize third party consumer reporting agencies that perform, among other things, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“consumer reports”). Virtu.Academy does not endorse or make any representations or warranties regarding the reliability of such consumer reports or the accuracy, timeliness or completeness of any information in the consumer reports. Virtu.Academy does not independently verify information in the consumer reports. You hereby consent to Virtu.Academy collecting, using and disclosing the information in the consumer reports. You understand and agree that Virtu.Academy may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that Virtu.Academy shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including, without limitation, any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. Virtu.Academy reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in Virtu.Academy's sole discretion. 7. THIRD PARTY VERIFICATION SERVICES Virtu.Academy may, but is not required to, make available one or more third party verification services that enable Users of the Service to inquire about information including, but not limited to, another User’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that Virtu.Academy shall not be held responsible or liable in any way if any information provided by a third party verification service is inaccurate. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681. See http:// www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf for details. 8. CONFIDENTIALITY OF VIRTU.ACADEMY INFORMATION You may obtain direct access via the Service to certain confidential information of Virtu.Academy, its affiliates, users (both students and Teachers), including, without limitation, technical, contractual, product, program, pricing, marketing, contact information, attendance, usage data and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All rights, titles and interests in the Confidential Information remains with Virtu.Academy and its affiliates. The Terms impose no obligation upon you with respect to information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Virtu.Academy, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of ConfidentialInformation and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms, is disclosed after prior notice to Virtu.Academy adequate to afford Virtu.Academy the opportunity to object to the disclosure. 9. TERMS OF TRANSACTING BUSINESS You understand and agree to abide by Virtu.Academy's payment policies and scheduling policies. Such policies can be found here and may be subject to change any time with or without notice. You agree to pay the fees set forth at the time you register and/or purchase services. You authorize us and our payment providers to charge such fees as a condition to access and use such services. Fees are not- refundable. In addition to the hourly rates charged by Teachers, you may be charged cancellation fees. 10. RENEWALS Unless you notify us at least 24 hours prior to the next lesson or billing period, your fees will automatically renew and you authorize us to collect the then-applicable fee for such services (including, any upgrade you may request, as well as any taxes) using any credit card or other payment mechanism we have on record for you. Cancellations will take effect at the end of the billing period in which you request account closure. We cannot refund fees from subscriptions that were not cancelled at least 24 hours prior to the billing date. 11. ADVERTISEMENTS AND PROMOTIONS Virtu.Academy may run advertisements and promotions from third parties on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Virtu.Academy found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Virtu.Academy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Virtu.Academy advertisers on the Service. 12. TEXT MESSAGE NOTIFICATION Teachers may opt in to receive text message notifications for new student bookings and more (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details. How to sign up and other information To sign up to receive text message notifications, you will need to provide your mobile phone number through Acuity Scheduling. Please contact hello@virtu.academy to sign up. Please also review the Virtu.Academy Privacy Policy. How to cancel If you need to cancel text message notifications, email hello@virtu.academy Pricing Your mobile phone carrier’s standard data and messaging rates may apply for any messages sent to you from us and from us to you. If you have any questions about your text or data plan, please contact your mobile phone carrier.
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 hello@virtu.academy. 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: hello@virtu.academy 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
You agree to indemnify, defend, and hold harmless Virtu.Academy and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by Virtu.Academy in any way related to your (a) acts and/or omissions on or off the Service; (b) violation of any rights of another, including, without limitation, any alleged infringement of intellectual property or other right of any person or entity relating to the Service; (c) breach of these Terms; (d) disputes with or between other Users; (e) use and/or misuse of the Service, including, without limitation, any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including, without limitation, with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including, without limitation, such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing and scheduling services; (m) use of phone support services; (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site and/or (o) any Content you provide to the Service. You further agree that you will cooperate as requested by Virtu.Academy in the defense of such claims. Virtu.Academy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Virtu.Academy without the written consent of Virtu.Academy. 21. ARBITRATION Any controversy, claim, suit, injury or damage arising from or in any way related to the Service, its use, its User (e.g., Teacher, Student) conduct, or the Terms shall be settled exclusively, to the extent permitted by law, by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) then in effect, which can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800- 778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq. Virtu.Academy and you will attempt to agree on a single arbitrator. If agreement is not possible, each party will select its own arbitrator. Each party’s arbitrator will, in turn, confer and select a single arbitrator. The arbitrator will base the decision on the evidence presented and in accordance with these Terms and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties. The arbitration shall be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and the judgment of the arbitration award may be entered by any court having jurisdiction thereof. Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Virtu.Academy will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law. To commence an arbitration against Virtu.Academy, you must complete a short form, submit it to the AAA, and send a copy to Virtu.Academy, LLC at Attn: Legal 2001 L Street, NW Suite 500, #50059 Washington, DC 20036. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitrationclaim, we may assert any counterclaims we may have against you. In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of these Terms shall be any Delaware Court, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding. You and Virtu.Academy agree that any dispute is personal to you and Virtu.Academy and that any such controversy, claim, suit, injury, harm, loss or damage shall be brought on an individual basis, and shall not be consolidated with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms unenforceable. THE PRECEDING SECTION SHALL NOT PRECLUDE EITHER PARTY FROM SEEKING EQUITABLE RELIEF WITH RESPECT TO ANY CONFIDENTIALITY OR NON-CIRCUMVENTION PROVISIONS. NO CLASS ACTION CLAIMS OR JURY TRIALS YOU AND VIRTU.ACADEMY AGREE THAT EACH OF US MAY BRING CLAIMS, SUIT, INJURY, HARM, LOSS OR DAMAGE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND VIRTU.ACADEMY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER VIRTU.ACADEMY USERS. TO THE EXTENT ANY PROCEEDING TAKES PLACE OUTSIDE OF ARBITRATION, YOU ALSO AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL. 22. INJUNCTION You agree that any material breach of the Terms will result in irreparable harm to Virtu.Academy for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, you agree that Virtu.Academy will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Virtu.Academy seeks such an injunction. 23. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS Virtu.Academy may provide notice to Users via email, regular mail, or posting notices or links to notices on the Service. Virtu.Academy reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Virtu.Academy may also delete, or bar access to or use of, all related information and files. Virtu.Academy will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. Virtu.Academy may amend these Terms at any time by posting the amended terms on this Service. 24. GOVERNING LAW These Terms shall be governed by and construed in accordance with the substantive laws of the State of Delaware, without regard to choice of law provisions. 25. CALIFORNIA TERMS CALIFORNIA RELEASE For California residents, with respect to your use of the Service, and to the maximum extent permitted by law, you hereby release Virtu.Academy and its officers, employees, agents and directors from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with any disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says: "A general release does not extend to claims which the releasor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the releasee." CALIFORNIA CONSUMER NOTICE Under California Civil Code Section 1789.3, California users of Virtu.Academy Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
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 hello@virtu.academy 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 hello@virtu.academy 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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS Virtu.Academy, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
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 hello@virtu.academy. 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 hello@virtu.academy and by mail:
2001 L Street, NW Suite 500, #50059 Washington, DC 20036
